Tuvalu Island Courts Bench Book - Federal Court of Australia

Where a person has 2 or more separate offences, the Court should sentence him or her on each
offence.
Sentences may be either concurrent (they run together) or consecutive (they run one after
another).
Directions may be given by the Chief Justice, Senior or Resident Magistrate on sentence, as may
be necessary.
The following table has been designed to explain all the types of sentences, and when each may
be used.
Imposed as a last resort, to
punish and deter.
Used rarely.
Types of Sentences
Type Statute Considerations
Imprisonment
ss6(1), (2), (3) Island
Courts Act (Cap 3)
1. Age;
2. Previous convictions – unless
has significant convictions, rare
to be imprisoned without a
second chance being given;
3. Severity of the offence;
4. Custom.
Fine
The financial means of the
offender should always be
considered.
Extremely common, and
used widely.
Supervision
Purpose is rehabilitative - to
assist the person to become
an active part of society.
Very useful.
Deferred Sentence
Imposed where you believe
offender is unlikely to reoffend,
but wish to
encourage good behaviour
s6(1) Island Courts Act
(Cap 3)
s6(7) Island Courts Act
(Cap 3)
s6(7), s7 Island Courts Act
(Cap 3)
1. Age;
2. Employment – ability to pay a
fine;
3. Previous convictions – if has
some, and fines may be more
appropriate than imprisonment;
4. Custom.
1. Age - appropriate where
offender is between 14 and 25;
2. Previous convictions – note if
there is a common link to
offences (such as alcohol);
3. Custom.
1. Age;
2. Previous convictions - useful
where there are few, and seems
to be settled member of the
community;
3. Custom.
Tuvalu Island Courts Bench Book June 2004