|
Where am I now? Lawlink > NSW Sentencing Council > News
|
Print page
|
News
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.
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.
|
|
