News
December 2008
The Effectiveness of Fines as a Sentencing Option
The Government has introduced the Fines Further Amendment Bill 2008,which seeks to improve the system for the administration and enforcement of court fines and penalty notices. The Bill implements recommendations arising from the Sentencing Council's 2006 Interim Report on the Effectiveness of Fines and Penalty Notices, and those of other agencies who have examined the operation of fines in NSW. Of particular note, the Bill provides a scheme to allow certain vulnerable groups of people to mitigate a fine by undertaking activities under a work and development order, such as completing a drug and alcohol program; extends the power for penalty notices to be partially written off; and creates separate suspended and cancelled driver offences arising from non-payment of a fine or penalty notice. A copy of the Attorney Generals' press release and a Question Without Notice on the issue are attached.
> Media release: Disadvantaged People to Work Off Their Fines (PDF, 31KB)
> Question without notice: Homeless and Disadvantaged People Fines Debt (DOC, 26KB)
Penalties relating to Sexual Offences in New South Wales
The Government has introduced the Crimes Amendment (Sexual Offences) Bill 2008, which implements many of the recommendations contained in the Sentencing Council's report on Penalties relating to Sexual Offences in New South Wales. A copy of the Attorney Generals' press release is attached.
> Media release: New Sex Crime Laws Introduced to Parliament (PDF, 24KB)
October 2008
Sentencing Council to examine alcohol-related violence: Call for submissions
The Sentencing Council is calling for submissions on its current reference into the sentencing of alcohol-related violent crime in accordance with the following terms of reference:
- The current principles and practices governing sentencing for offences committed whilst the offender is intoxicated;
- The current principles and practices governing sentencing for alcohol-related violence, including violence offences where a glass or bottle is used as a weapon (commonly known as ‘glassing’);
- Should the intoxication of the offender be added as an aggravating factor in sentencing under s21A of the Crimes (Sentencing Procedure) Act 1999;
- The identification of any changes required to penalties or sentencing practices to address the issue of ‘glassing';
- The identification of any other changes required to penalties or sentencing practices to address alcohol-related violence; and
- Any other relevant matter.
Submissions should be made by December 14, 2008 to: The NSW Sentencing Council GPO 6 SYDNEY NSW 2001 or via email: sentencingcouncil@agd.nsw.gov.au.
> News release: New Measures to Get Tough with Alcohol-Related Violence (PDF, 60KB)
Report Release: Penalties relating to sexual assault offences in NSW
The NSW Sentencing Council has released its first report into penalties relating to sexual assault offences in NSW. The report examines whether the penalties currently attaching to sexual offences in New South Wales are appropriate, in accordance with the following terms of reference:
- Whether or not there are any anomalies or gaps in the current framework of sexual offences and their respective penalties;
- If so, advise how any perceived anomaly or gap might be addressed;
- Advise on the use and operation of statutory maximum penalties and standard minimum sentences when sentences are imposed for sexual offences and whether or not statutory maximum penalties and standard minimum sentences are set at appropriate levels;
- Advise whether or not “good character” as a mitigating factor has an impact on sentences and sentence length and if so whether there needs to be a legislative response to the operation of this factor; and
- Advise on whether it is appropriate that the “special circumstance” of sex offenders serving their sentences in protective custody may form the basis of reduced sentences.
Volume 1 contains the discussion identified above, while Volume 2 contains a comprehensive statistical analysis of individual sexual offences, and includes some relevant caselaw.
The Council will report on the second part of the report, examining alternative sentence regimes incorporating community protection, and possible responses to address repeat offending committed by serious sexual offenders, by the end of the year.
> Download Penalties Relating to Sexual Assault Offences in New South Wales, Volume 1 (PDF, 1.8MB)
> Download Penalties Relating to Sexual Assault Offences in New South Wales, Volume 2: Statistics (PDF, 439KB)
> Media release: Major Government Crackdown on Sex Offences (PDF, 37KB)
> Question without notice: Sexual Assault Penalty Reform (28 October 2008) (PDF, 73KB)
Government response to the Review of Periodic Detention in NSW
The Attorney General has released a consultation paper in response to the Sentencing Council's recommendations regarding the abolition of periodic detention and the establishment of a new sentencing order, the Intensive Corrections Order.
A copy of the Attorney General's press release, Question Without Notice, consultation paper and model are available for download below.
Public comments on the proposal close Wednesday 12 November 2008. All submissions should be marked to the attention of:
Intensive Corrections Order Consultation
Office of the Attorney General and Minister for Justice
Email: office@hatzistergos.minister.nsw.gov.au (Please include ICO in the subject line)
Postal address: GPO Box 5341, Sydney NSW 2001
> Media release: Community Views Sought on New Sentencing Option (PDF, 30KB)
> Question without notice (22 October 2008) (PDF, 73KB)
> An Intensive Corrections Order for NSW: Consultation Paper (PDF, 86KB)
> Intensive Corrections Order (ICO) - Legislative and Operational Model (PDF, 63KB)
Report Release: Public confidence in the New South Wales criminal justice system
The Public Attitudes Towards Sentencing Reference has led to the publication of the joint Sentencing Council - Bureau of Crime Statistics and Research report Public confidence in the New South Wales criminal justice system. Download the report in PDF from the Reports & Papers page.
The Council is currently undertaking a literature review of key research in this field and is examining promising methods that can be used to educate the public about sentencing and the criminal justice system. The report will be finalised by December 2008.
January 2008
Reductions in Penalties at Sentence
The NSW Attorney General has requested that the Sentencing Council undertake a review of the reductions in penalties at sentence, as follows:
Pursuant to s. 100J of the Crimes (Sentencing Procedure) Act 1999 the Sentencing Council is to examine discounts on sentence in accordance with the following terms of reference:
- the current principles and practices governing reductions in sentence,
- how factors leading to a discount on sentence are taken into account, particularly where several factors must be considered at the same time,
- the application of the totality principle to offenders being sentenced for multiple offences,
- the effect of charge negotiation,
- the use of a “Form 1” to deal with additional offences,
- any other relevant matter.
The review will not include the Criminal Case Conferencing trial, as this will be considered through a separate process.
Written submissions, addressing one or more of the issues set out above, close 20 March 2008. Submissions may be directed to the Sentencing Council at Box 6 GPO SYDNEY NSW 2000 or email the Sentencing Council.
The Council will report on this reference by April 2009.
Review of Periodic Detention
November 2007
Public Attitudes Towards Sentencing
The NSW Attorney General, the Hon John Hatzistergos, has requested that the NSW Sentencing Council undertake a survey of the NSW public to examine:
- the level of public confidence in the various aspects of the criminal justice system (bringing people to justice, meeting the needs of victims of crime, respecting the rights of people accused of crime, dealing with cases promptly and efficiently, punishing offenders); and
- whether those who lack confidence tend to be less well informed about crime and criminal justice.
The Council is to report to the Attorney General by July 2008.
October 2007
Sexual Assault Offences - Review of Penalties
The NSW Attorney General has requested that the Sentencing Council undertake a review of the penalties currently attaching to sexual offences, and in particular sexual offences against children (including child pornography), as follows:
Pursuant to s 100J of the Crimes (Sentencing Procedure) Act 1999 the Sentencing Council is to examine whether the penalties currently attaching to sexual offences in New South Wales are appropriate, in accordance with the following terms of reference:
- Whether or not there are any anomalies or gaps in the current framework of sexual offences and their respective penalties;
- If so, advise how any perceived anomaly or gap might be addressed;
- Advise on the use and operation of statutory maximum penalties and standard minimum sentences when sentences are imposed for sexual offences and whether or not statutory maximum penalties and standard minimum sentences are set at appropriate levels;
- Consider the use of alternative sentence regimes incorporating community protection, such as the schemes used in Canada, the United Kingdom and New Zealand;
- Consider possible responses to address repeat offending committed by serious sexual offenders; and in particular, whether second and subsequent serious sex offences should attract higher standard minimum and maximum penalties in order to help protect the community. If so, advise what these penalties could be;
- Advise whether or not “good character” as a mitigating factor has an impact on sentences and sentence length and if so whether there needs to be a legislative response to the operation of this factor; and
- Advise on whether it is appropriate that the “special circumstance” of sex offenders serving their sentences in protective custody may form the basis of reduced sentences.
Written submissions, addressing one or more of the issues set out above, close 3rd December 2007. Submissions may be directed to the Sentencing Council at Box 6 GPO SYDNEY NSW 2000 or email us.
August 2007
June 2007
- Review of the Periodic Detention Scheme
The NSW Attorney General has requested that the Sentencing Council undertake a review of periodic detention, in accordance with the following terms of reference:
a) The extent to which periodic detention is used as a sentencing option throughout the State, and the appropriateness and consistency of such use;
b) The nature of the offences for which periodic detention orders are most commonly made;
c) The method of enforcement of periodic detention orders, and the appropriateness of such enforcement;
d) The advantages and disadvantages of periodic detention orders in comparison with other sentencing options;
e) Whether there are better alternatives to periodic detention orders;
f) Any modifications which may be made to periodic detention, including combination with other community-based orders; and
g) The different arrangements for state and federal offenders under periodic detention orders.
Written submissions, addressing one or more of the issues set out above, close 16th July 2007. Submissions may be directed to the Sentencing Council at Box 6 GPO SYDNEY NSW 2000 or email us.
April 2007
- New members
The Council welcomes five new members, appointed between April and June 2007:
- The Hon John Dunford QC (Deputy Chairperson)
- Mr Chris Craigie SC (Acting Senior Public Defender)
- Mr Ron Woodham (Commissioner NSW Department of Corrective Services)
- Ms Jennifer Mason (Director General, NSW Department of Juvenile Justice) and
- Ms Laura Wells (Director, Criminal Law Review Division, NSW Attorney General’s Department)
The appointment of the new members expands the Council’s membership to 13.
The Council also takes this opportunity to thank outgoing members, Deputy Chairperson the Hon John Slattery AO QC and the Hon Peter Zahra SC (former Senior Public Defender) for their tireless contributions during their inaugural membership on the Council.
- An Educative Function
Recent legislative amendments have given the Council an educative function. This recognises the importance of community participation in sentencing1. The Council’s membership expanded by virtue of the Crimes and Courts Legislation Amendment Act 2006 (NSW), which came into effect on 23 February 2007.
The Council will continue to consult with the public in the course of examining sentencing trends and practices, and on specific references.
1The Council’s membership expanded by virtue of the Crimes and Courts Legislation Amendment Act 2006 (NSW), which came into effect on 23 February 2007.
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