| Advisory body overview | |
|---|---|
| Jurisdiction | New South Wales, Australia |
| Minister responsible | |
| Advisory body executive |
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| Website | sentencingcouncil.justice.nsw.gov.au |
The New South Wales Sentencing Council is an advisory body established by the New South Wales Government to provide guidelines and to promote consistency in sentencing of offenders in New South Wales, a state of Australia. The council provides advice and counsel to the Attorney General of New South Wales on issues relating to sentencing, parole periods for sentences, trends, and the operation of parole. The council aims to promote consistency and transparency in sentencing and promoting public understanding of the sentencing process. [1] The Sentencing Council consists of members appointed by the attorney general. Those members are made up from a diverse background to better represent the views of the community. They include retired judges, law enforcement officers, defence lawyers, indigenous community members and persons associated with victims of crime.
The council provides similar functions to other bodies in New South Wales and in Australia. For example, it may advocate law reform which overlaps the work of the New South Wales Law Reform Commission, or it may analyse statistics which overlaps the work of the Australian Bureau of Statistics. However, it differs fundamentally from other legal bodies in that it provides guidance and advice to government in that its focus is primarily criminal, and includes members who have direct and relevant experience with the criminal justice system.
The council was the first of its type established in Australia. A similar body has been established in Victoria which is called the Victorian Sentencing Council. Outside of Australia, overseas council perform similar functions. The United States Sentencing Commission in the United States of America and the Sentencing Council in England and Wales are examples of bodies which consist primarily of judicial members, giving those bodies a judicial flavour. In contrast, the Sentencing Commission for Scotland is made up of parliamentarians, giving it a political flavour. [2] The New South Wales council attempts to balance each of these flavours by including a cross-section of the community within the council.
The Australian Law Reform Commission notes that there has been a history in common law countries of the use of specific commissions to advise and report on sentencing practices. In 1833 in the United Kingdom, commissioners were appointed to report on consolidating all crimes and the laws relating to crimes into one Act of Parliament. Over a fifteen-year period, the commissioners reported upon many issues and problems concerning punishment and sentencing in criminal matters. They made recommendations about the grading of penalties to suit the crime and also about limiting judicial discretion in the determination a penalty. Few of the recommendations however became law. [3]
In 1980, the Australian Law Reform Commission proposed the establishment of a national council to deal with federal offenders. This council was to be tentatively called the Australian Sentencing Council. The recommendation was not taken up by the Australian Government. In 1988, the commission recommended the establishment of a sentencing council within the Australian Institute of Criminology. Again, that recommendation was not taken up. In 2006, the commission reversed its view on the establishment of a national council and advocated that the existing federal institutions were adequate to provide advice and research. Primarily this was based on the view that the proposed council would duplicate and overlap existing bodies which provided crime statistics and law reform advice to the Australian Government. It however commended the work of the existing state based councils. [4]
The council was initially composed of ten members who were to be appointed by the attorney general. Members could be appointed for a three-year term, and could also be appointed for further three-year terms from time to time. The attorney general also had the authority to appoint deputies to the members, so that the deputy could attend the council in the absence of the member.
Members include:
The legislation was changed in 2006 to expand the number of members of the council to thirteen. All members and deputy members continue to be appointed by the attorney general. As of August 2016 [update] , the current members are: [5]
| Name | Title |
|---|---|
| The Hon. James Wood AO, QC | Chairperson |
| The Hon. Anthony Whealy AO, QC | Deputy Chairperson |
| His Honor Acting Judge Paul Cloran | |
| Mr Howard W Brown OAM | Victims of Crime Assistance League |
| Mr Lloyd Babb SC | NSW Director of Public Prosecutions |
| Assistant Commissioner Mark Jenkins APM | New South Wales Police Force |
| Mr Mark Ierace SC | |
| Mr Nicholas Cowdery AM , SC | Former Director of Public Prosecutions |
| Professor Megan Davis | Aboriginal activist and human rights lawyer |
| Ms Tracey Booth | Community Representative |
| Ms Moira Magrath | Community Representative |
| Mr Peter Severin | Commissioner, Corrective Services NSW |
| Mr Ken Marslew AM | Enough is Enough Anti-Violence Movement |
| Mr Wayne Gleeson | |
| Professor David Tait |
The inaugural members of the NSW Sentencing Council were: [6]
| Name | Title |
|---|---|
| The Honourable Alan Abadee RFD QC | Chairperson |
| Mrs Jennifer Fullford | Community Representative |
| Ms Martha Jabour | Community Representative (Homicide Victims Support Group) |
| Mr Peter Zahra SC | Senior Public Defender |
| Hon J P Slattery AO, QC | NSW Bar Association |
| Commander John Laycock | NSW Police |
| Professor Larissa Behrendt - Aboriginal Justice Representative | Jumbunna Indigenous House of Learning |
One of the functions of the council is to make reports specific to sentencing. Since the commencement of the council, the council has made numerous reports to the attorney general. The attorney general has authorised the following reports to be made public and they are available on the council’s website: [7]
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction.
Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.
Probation and Parole Officers play a role in the criminal justice systems by supervising offenders released from prison or sentenced to non-custodial sanctions such as community service. In some jurisdictions probation and parole officers are involved in presenting reports on offenders and making sentencing recommendation to courts of law.
A victim impact statement is a written or oral statement made as part of the judicial legal process, which allows crime victims the opportunity to speak during the sentencing of the convicted person or at subsequent parole hearings.
The U.S. Probation and Pretrial Services System, also called the Office of Probation and Pretrial Services, part of the Administrative Office of the United States Courts, is the probation office of the federal judiciary of the United States. It serves the United States district courts in all 94 federal judicial districts nationwide and constitutes the community corrections arm of the Federal Judiciary. It administers probation and supervised release under United States federal law.
The Australian Law Reform Commission is an Australian independent statutory body established to conduct reviews into the law of Australia. The reviews, also called inquiries or references, are referred to the ALRC by the Attorney-General for Australia. Based on its research and consultations throughout an inquiry, the ALRC makes recommendations to government so that government can make informed decisions about law reform.
The New South Wales Law Reform Commission is a commission to investigate, review and advise on the reform of the law in New South Wales, a state of Australia. The present commission came into existence on 25 September 1967 although it had been administratively established previously in 1966.
The Law Reform Commission of Western Australia is a commission to investigate, review and advise on the reform of the law in Western Australia, a state of Australia. The present commission came into existence on 31 October 1972.
The Judicial Commission of New South Wales is an independent statutory corporation of the New South Wales Government that provides sentencing information and continuing education to and examines complaints made against judicial officers in New South Wales, Australia.
Corrective Services New South Wales (CSNSW) is a division of the Department of Communities and Justice of the Government of New South Wales, Australia. CSNSW is responsible for the State's prisons, a juvenile detention centre, and a range of programs for managing offenders in the community. The agency traces its origins back to 1788, when NSW was founded as a penal colony.
The judicial system of Bhutan is the purview of the Royal Court of Justice, the judicial branch of the government of Bhutan under the Constitution of 2008. The judicial system comprises the Judicial Commission, the courts, the police, the penal code, and regulations on jabmi (attorneys).
Indigenous Australians are both convicted of crimes and imprisoned at a disproportionately high rate in Australia, as well as being over-represented as victims of crime. The issue is a complex one, to which federal and state governments as well as Indigenous groups have responded with various analyses and numerous programs and measures. As of September 2019, Aboriginal and Torres Strait Islander prisoners represented 28% of the total adult prisoner population, while accounting for 3.3% of the general population.
Punishment in Australia arises when an individual has been convicted of breaking the law through the Australian criminal justice system. Australia uses prisons, as well as community corrections. The death penalty has been abolished, and corporal punishment is no longer used. Prison labour occurs in Australia, prisoners are involved in many types of work with some paid as little as $0.82 per hour. Before the colonisation of Australia by Europeans, Indigenous Australians had their own traditional punishments, some of which are still practised. The most severe punishment by law which can be imposed in Australia is life imprisonment. In the most extreme cases of murder, courts in the states and territories can impose life imprisonment without parole, thus ordering the convicted person to spend the rest of their lives in prison.
There is no absolute right to privacy in Australian law and there is no clearly recognised tort of invasion of privacy or similar remedy available to people who feel their privacy has been violated. Privacy is, however, affected and protected in limited ways by common law in Australia and a range of federal, state and territorial laws, and administrative arrangements.
Capital punishment is a legal penalty in the U.S. state of Georgia. Georgia reintroduced the death penalty in 1973 after Furman v. Georgia ruled all states' death penalty statutes unconstitutional. The first execution to take place afterwards occurred in 1983.
The Bail Act 2013 is a New South Wales law that came into effect on 20 May 2014. It replaces the Bail Act 1978, which was considered "groundbreaking" when enacted, but has been reformed several times to presume against bail. The new act was created with the aims that it would be easier to understand, would further protect the community and would promote consistent decision-making. The Bail Act 2013 uses an "unacceptable risk" test in regard to whether "the accused will fail to appear in any proceedings for the offence, commit a serious offence, endanger the safety of victims, individuals or the community, or interfere with witnesses or evidence".
The Georgia Council on Criminal Justice Reform is a fifteen-member, non-partisan state commission tasked with conducting annual comprehensive reviews of criminal laws, criminal procedure, sentencing laws, adult correctional issues, juvenile justice issues, enhancement of probation and parole supervision, better management of the prison population and of the population in the custody of the Department of Juvenile Justice, and other issues relates to criminal proceedings and accountability courts in the state of Georgia.
Section 120 of the Constitution of Australia provides that
Custody of offenders against laws of the Commonwealth
Every State shall make provision for the detention in its prisons of persons accused or convicted of offences against the laws of the Commonwealth, and for the punishment of persons convicted of such offences, and the Parliament of the Commonwealth may make laws to give effect to this provision..
The Department of Justice and Attorney-General (DJAG) is a department of the Queensland Government with responsibilities for the administration of justice, support to Queensland courts, regulatory policy and consumer protection, legal aid, youth justice, corrective services, and other community and legal services.
The New South Wales Department of Communities and Justice, a department of the Government of New South Wales, is responsible for the delivery of services to some of the most disadvantaged individuals, families and communities; and the administration and development of a just and equitable legal system of courts, tribunals, laws and other mechanisms that further the principles of justice in the state of New South Wales, Australia. It also provides services to children and young people, families, people who are homeless, people with a disability, their families and carers, women, and older people. The department is the lead agency of the Stronger Communities cluster of the New South Wales government.
