The serious violent offence (SVO) scheme was introduced to Queensland’s sentencing laws in 1997. It provides for situations where offenders must serve a minimum of 80% of their sentence before being eligible for release on parole. It represents a significant departure from Queensland’s usual sentencing practices which typically result in parole eligibility being set at 50% or less.

The serious violent offence scheme is set out under part 9A of the Penalties and Sentences Act 1992 (Qld). An order under this part is usually referred to as a serious violent offence declaration, or SVO, for short.

 

Which offences do SVOs apply to?

Regardless of the length of sentence, SVO declarations can generally only be made in relation to offences under Schedule 1 (including Schedules 1A and 1B) of the Penalties and Sentences Act 1992 (Qld). The list of offences is lengthy, but, contrary to the term ‘violent’ also includes certain drug offences. Some examples of common offences which attract SVO declarations are:

  • Maintaining a sexual relationship with a child
  • Trafficking in dangerous drug drugs
  • Grievous bodily harm
  • Torture

There are two scenarios where schedule 1 offences attract SVO declarations. One is automatically, and one is by discretion of the sentencing judge.

 

Automatic order for sentence of 10 years or more

This is the most common scenario where SVO declarations are made. If a court imposes a sentence of 10 years or more for a schedule 1 offence, the law automatically imposes a SVO declaration; no order is required from the court and a sentencing Judge has no discretion to order otherwise.

In this situation, the offender would be required to serve 80% of their sentence or 15 years (whichever is less) before applying for parole.

As this applies automatically, it greatly limits the ability for a sentencing judge to recognise any factors in mitigation, such as a plea of guilty or rehabilitation. Consequently, it is common for courts to simply instead reduce the overall sentence to reflect those features, resulting in a lower ‘head sentence’ and earlier parole dates.

 

SVO declarations by discretion of the sentencing judge

If a judge imposed a sentence for a schedule 1 offence that is at least 5 years but less than 10, they may make a SVO declaration by discretion.

Further, a judge has a power to make a SVO declaration for sentences shorter than 5 years where the offence involved the use, counselling or procuring the use of serious violence against another person or that resulted in serious harm to another person. Serious harm is defined in the legislation but serious violence is not. For this category of a discretionary declaration, the offence does not need to be a schedule 1 offence.

 

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