Updates and background for this project (Digest)

In a letter to the Commission received on 25 February 2005, the Attorney General, the Hon R J Debus MP asked:

That the NSW Law Reform Commission inquire into and report on whether or not a judge in a criminal trial might, following a finding of guilt, and consistent with the final decision remaining with the judge, consult with the jury on aspects of sentencing.

In conducting this inquiry the Commission should have regard to:

1. the jury decision making process, including the jury's role in determining guilt or innocence of the accused, and the secrecy and protection of jury deliberations;

2. the judicial sentencing process, and the enhancement of public confidence in the administration of justice.

The Commission may also report on any related matters that arise in the context of its inquiry.