Ruqayyah Snyder
Life imprisonment is the most severe criminal sentence available in Australia, with most cases attracting the sentence being murder. As of 2022, there are 418 prisoners in Australia serving life sentences. The death penalty in Australia was abolished in 1967 and was replaced with mandatory life imprisonment in most cases. However, mandatory life imprisonment has since been abolished in several states and territories, with the minimum non-parole term for a life sentence varying between jurisdictions and crimes. The longest overall non-parole period for a single murder is 45 years and six months, while the longest non-parole period imposed on a woman is 32 years. Notable prisoners serving life imprisonment include Martin Bryant, who received 35 life sentences plus 1,035 years without parole for the Port Arthur massacre in 1996, and Katherine Knight, the only woman known to have received life without parole.
| Characteristics | Values |
|---|---|
| Number of prisoners serving life imprisonment in Australia | 418 |
| Percentage of prisoners who are male | 83% |
| Number of male prisoners | 40,967 |
| Number of female prisoners | 3,432 |
| Number of Aboriginal and Torres Strait Islander prisoners | 729 |
| Percentage of prisoners who are born in Australia | 83% |
| Number of prisoners born overseas | 6,202 |
| Most common countries of birth for prisoners born overseas | New Zealand, Vietnam, Lebanon, Iran, Iraq, Somalia, Sudan, South Sudan, Samoa, Afghanistan and Tonga |
| Number of prisoners serving community-based corrections | 81,779 |
| Number of adults imprisoned in Australia in June quarter of 2024 | 44,403 |
| Number of adults in custody on 30 June 2022 | 40,600 |
| Average daily number of prisoners in March quarter of 2025 | 46,081 |
| Number of Aboriginal and Torres Strait Islander prisoners in March quarter of 2025 | 16,876 |
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What You'll Learn
- In 2022, 418 prisoners in Australia were serving life sentences
- Life imprisonment is mandatory for murder in South Australia, the Northern Territory, and Queensland
- The longest non-parole period imposed on a woman is 32 years
- Minors can be sentenced to life imprisonment without parole in Australia
- The number of prisoners in Australia increased by 16% from 2023 to 2024
In 2022, 418 prisoners in Australia were serving life sentences
In Australia, life imprisonment is the most severe sentence available to the courts. While the death penalty was abolished in 1967, life imprisonment was not made mandatory for murder until 1985. Since then, mandatory life imprisonment has been abolished in several states and territories, including New South Wales, Victoria, Tasmania, and Western Australia. However, as of 2022, 418 prisoners in Australia were serving life sentences.
Life imprisonment remains mandatory for murder in certain parts of Australia, such as South Australia, the Northern Territory, and Queensland. The criminal law and prison systems in Australia are administered by state and territory governments, resulting in variations in the offences that attract life sentences across the country. For instance, in Western Australia, a life sentence for a crime other than murder carries a minimum non-parole period of seven years, while in Queensland, the equivalent term is 15 years.
In addition to murder, life imprisonment can be imposed for various other offences in Australia. These include crimes against humanity, such as genocide and war crimes, the murder of UN personnel, and certain drug offences, including manufacturing and trafficking significant amounts of illicit drugs. The Aviation Act also provides for life imprisonment in cases of aircraft hijacking, and the destruction of aircraft with the intent to kill.
In rare cases, life imprisonment without the possibility of parole may be imposed in Australia. One notable case is that of Martin Bryant, who received 35 life sentences plus an additional 1035 years without parole for the Port Arthur massacre in 1996. Another case is that of a politician who hired two people to kill his opposition and received life without parole due to the heinous nature of the crime against Australian democracy.
Australia is one of the few countries that allow minors to be sentenced to life imprisonment without parole, although this practice has been criticized by human rights organizations.
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Life imprisonment is mandatory for murder in South Australia, the Northern Territory, and Queensland
Life imprisonment is the most severe criminal sentence available in Australia. It is primarily imposed for murder, which is a punishable offence in all jurisdictions. However, the sentencing regimes for murder vary across states and territories.
In South Australia, the Northern Territory, and Queensland, life imprisonment is mandatory for murder. In Queensland, the mandatory sentencing for murder has been criticised by the state's law reform commission, which has described it as "'the most inflexible in Australia'". The commission has proposed amendments for community debate, as the current sentencing scheme does not adequately reflect the culpability of murder defendants.
In the Northern Territory, the mandatory life sentence for murder is accompanied by a minimum non-parole period of 20 years. Similarly, in South Australia, a mandatory life sentence is imposed for murder, with a minimum non-parole period of 20 years. However, a guilty plea discount can reduce the non-parole period by up to 25%.
While Queensland, South Australia, and the Northern Territory have mandatory life imprisonment for murder, other states and territories have different approaches. For example, in New South Wales, the maximum penalty for murder is life imprisonment, but there is no mandatory minimum term. The standard non-parole period in this state is 20 years. Additionally, New South Wales is the only state or territory in Australia that mandates life imprisonment without parole for the murder of a police officer.
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The longest non-parole period imposed on a woman is 32 years
In Australia, life imprisonment is the most severe sentence available to the courts. While the death penalty was abolished in the Australian Capital Territory in 1973, life imprisonment can still be imposed. The criminal law and prisons are administered by state and territory governments, resulting in variations in offences that attract life sentences across Australia. For instance, in Queensland, the minimum non-parole period for a life sentence for murder is 15 years, while in South Australia, the Northern Territory, and Queensland, life imprisonment is mandatory for murder. Notably, the longest non-parole period imposed on a woman in Australia is 32 years.
The Australian Capital Territory and Victoria are the only jurisdictions that prohibit sentencing children to life imprisonment without parole. In Victoria, there are a few prisoners serving life sentences without a non-parole period, meaning they are ineligible for parole at any time. The minimum non-parole period for a life sentence for murder in South Australia, Queensland, and the Northern Territory is 20 years. However, exceptional circumstances in the Northern Territory can reduce this period, while a guilty plea in South Australia can result in a 25% reduction.
In Queensland, the minimum non-parole period increases to 25 years for the murder of a police officer and 30 years for multiple murders or a prior murder conviction. The minimum non-parole period for a life sentence in Victoria is 30 years unless a court decides otherwise. As of 2022, 418 prisoners in Australia are serving life sentences. From June 2023 to June 2024, the total number of prisoners decreased by 8% to 5,918, with male prisoners accounting for the majority of this decrease. During the same period, female prisoners decreased by 7% to 279.
While the overall imprisonment rate in Australia decreased, the rate for Aboriginal and Torres Strait Islander prisoners increased by 10%, with a notable rise in prisoners on remand, women, and Indigenous Australians. The incarceration rate for women in Australia has been rising, with a 47% increase in female prisoners between 2009 and 2019. Women are often victims of crimes such as domestic violence and assault, and they are frequently incarcerated for minor, non-violent crimes linked to poverty and homelessness. Aboriginal and Torres Strait Islander women and women with disabilities are disproportionately represented in the prison population.
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Minors can be sentenced to life imprisonment without parole in Australia
In Australia, life imprisonment is the most severe criminal sentence available to the courts. Most cases attracting the sentence are murder, but it is also imposed, albeit rarely, for sexual assault, manufacturing and trafficking commercial quantities of illicit drugs, and offences against the justice system and government security.
In Australia, life imprisonment is of indeterminate length. When sentencing a person to life imprisonment, the sentencing court may set a minimum period that must be served before the sentenced person becomes eligible for parole. The Court is not required to set such a period, which may result in life sentences without the possibility of parole.
In some countries, including Sweden, parole does not exist, but a life sentence may be commuted to a fixed-term sentence after a successful application. In several countries, life imprisonment has been effectively abolished. Many of these countries have been culturally influenced or colonized by Spain or Portugal, and have written prohibitions against life imprisonment into their constitutional laws. Portugal was the first country to abolish life imprisonment, in 1894, and is the only country in the world that considers this type of punishment a violation of human rights.
In Australia, the Australian Capital Territory and Victoria are the only jurisdictions to explicitly prohibit the imposition of life imprisonment without parole on children. However, there is no express prohibition on sentencing a child offender to life imprisonment without the possibility of parole in other jurisdictions. A "child" is defined as any person under the age of 18. Children under 18 are explicitly excluded from the mandatory life sentence without parole for persons convicted of murdering a police officer in New South Wales, but not for other forms of life imprisonment. Media reports indicate that the sentence has been applied for murder committed while under the age of 18 as recently as March 2014.
In the US, the Supreme Court ruled in 2011 that sentencing minors to life without parole, automatically or as the result of a judicial decision, for crimes other than intentional homicide, violated the Eighth Amendment's ban on "cruel and unusual punishments". In 2008, only the US had minors serving such sentences, and as of 2020, there were 1,465 youth offenders serving life sentences without the possibility of parole in the country. A few other countries that allow for minors to be sentenced to life without parole include Antigua and Barbuda, Argentina (only over the age of 16), Belize, Brunei, Cuba, Dominica, Saint Vincent and the Grenadines, the Solomon Islands, Sri Lanka, and the United Kingdom.
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The number of prisoners in Australia increased by 16% from 2023 to 2024
From 30 June 2023 to 30 June 2024, the total number of prisoners in Australia increased by 16% (1,096 people) to 7,814. This was the largest numerical increase for any of the states and territories. The imprisonment rate increased from 304 to 340 prisoners per 100,000 adults in the population.
This increase was driven by a rise in the number of prisoners being held before sentencing, which increased by 31% (748) to 3,126. In contrast, the number of sentenced prisoners increased by only 8% (352) to 4,667.
The number of male prisoners increased by 16% (974) to 7,025, while the number of female prisoners rose by 19% (129) to 794. This continues a trend of increasing female incarceration in Australia, with a 47% rise in the number of women in prison between 2009 and 2019.
The number of Aboriginal and Torres Strait Islander prisoners increased by 22% (640) to 3,507. This group is over-represented in the prison population, with Indigenous Australians comprising 27% of prisoners in 2016-2017, despite being a much smaller percentage of the general population.
The largest increases by offence type were for acts intended to cause injury, up 37% (564) to 2,077, and sexual assault and related offences, up 16% (153) to 1,111.
As of 2022, 418 prisoners in Australia were serving a life sentence, most of whom had been convicted of murder.
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Frequently asked questions
As of 2022, 418 prisoners in Australia are serving life sentences.
Life imprisonment is the most severe criminal sentence available to the courts in Australia. It is usually imposed for murder but can also be imposed for sexual assault, manufacturing and trafficking commercial quantities of illicit drugs, and offences against the justice system and government security.
In the most extreme cases, the sentencing judge will refuse to fix a non-parole period, which means that the prisoner will spend the rest of their life in prison.
Australia's imprisonment rate is 208 prisoners per 100,000 adult population, or 172 per 100,000 total population. This is higher than the rates in China, Hong Kong, India, Sri Lanka, the Philippines, South Africa, the United States, the United Kingdom, Canada, Italy, Turkey, Greece, Germany, Taiwan, and South Korea.
