Trauma-informed sentencing of adults who are life-course persistent offenders

Justice agencies are beginning to use trauma-informed practices when responding to young people who offend. But, for young people who continue to offend beyond childhood into adulthood, how might sentencing judges recognise unresolved and intergenerational trauma, and respond in a way that will promote desistance? Recent research undertaken in South Australia with adult defendants has identified opportunities for judges to use trauma-informed sentencing practices to respond to life-course persistent offenders more effectively. Given judges are bound by case law precedent and legislation, this chapter explores four opportunities to encourage judges to give greater regard to traumatic impacts of adverse childhood experiences when sentencing life-course persistent offenders in the hope they will desist from criminality. The findings are highly transferable, given the parallels in the sentencing calculus across countries that have a Westminster system of law.