Imprisonment and Parole

A last resort

A court must not impose a sentence involving confinement unless the purposes of sentencing cannot be achieved by a community correction order with conditions or a drug and alcohol treatment order. A conviction is always recorded.

How long can the court imprison?

Where there are several offences, sentences are usually concurrent (served at the same time) unless the court orders them to be cumulative, and some offences carry a presumption of cumulation. The court can also impose one aggregate sentence for a series of related offences.

Non-parole periods and parole

• Sentence of 2 years or more: the court must set a non-parole period, unless that would be inappropriate.
• Sentence of 1 to 2 years: the court may set a non-parole period.
• Sentence under 1 year: no parole. The full term is served.

A non-parole period must be at least 6 months shorter than the sentence. After it ends, the Adult Parole Board decides whether to release you on parole. Parole is not automatic. If parole is cancelled, you can be returned to prison to serve the rest of the sentence.

Prison followed by a CCO

If the total prison term is 1 year or less (after time already served), the court can add a community correction order that starts on your release. No non-parole period is set for these combined sentences.

Time on remand

Time held in custody for the offence is counted towards the sentence, unless the court orders otherwise. Early bail advice can make a real difference to time spent in custody.

Mandatory and minimum sentences

• Category 1 offences (for example murder, rape, gross violence offences, aggravated home invasion, aggravated carjacking and causing injury to an on-duty emergency worker): imprisonment is required, and a CCO cannot be added.
• Category 2 offences (for example manslaughter, intentionally causing serious injury, home invasion, carjacking, culpable driving causing death and trafficking a commercial quantity): imprisonment is required unless the offender has assisted authorities, has impaired mental functioning that reduces culpability or would make prison substantially harder, or there are exceptional and rare circumstances.
• Minimum non-parole periods apply, unless a special reason exists, for: causing serious injury in circumstances of gross violence (4 years), aggravated home invasion and aggravated carjacking (3 years for adults) and manslaughter by a single punch or strike (10 years).
• Standard sentences guide the length of sentence for some of the most serious offences, such as murder, rape and trafficking large commercial quantities.

Suspended sentences

Suspended sentences are no longer available in Victoria. The community correction order was designed to take their place.

Young adults: youth detention instead of prison

Under Victoria’s “dual track” system, an adult court can order an offender aged under 21 to serve their sentence in a youth justice centre instead of an adult prison. The court needs a pre-sentence report and must believe the person has reasonable prospects of rehabilitation or is particularly impressionable or immature. Tighter limits apply to the most serious violent offences. See sentencing children and young people.

Source: Sentencing Act 1991 (Vic) ss 5, 5A, 9, 10–10AD, 11, 16, 18, 32, 44, 113, 113B. Penalty unit value for 1 July 2026 to 30 June 2027: $209.10.

How we can help

The outcome you receive often depends on how well your plea is prepared. Tony Hannebery and Marcus Williams are both Law Institute of Victoria Accredited Criminal Law Specialists. We advise on the realistic range of outcomes, gather references and reports, and argue for the least restrictive sentence, without a conviction where possible. Your first consultation is free. Book a consultation or call (03) 9670 4357.

This page is general information about Victorian law and is not legal advice. Sentencing law changes often, so get advice about your own situation.