Sentencing Advisory Council

The Sentencing Advisory Council of Victoria is an independent statutory body that was established by the Victorian Government in 2004 to conduct research on sentencing in Victoria, Australia. ^[1] The Council comprises a board of between 11 and 14 directors, who are supported by a secretary. In Australia, there are also sentencing councils in New South Wales, ^[2] Queensland ^[3] and Tasmania. ^[4] There are also sentencing councils in some overseas jurisdictions, such as in England and Wales and in Scotland.

History

In 2000, the Victorian Government requested a review of aspects of Victoria's sentencing laws, which was undertaken by Professor Arie Frieberg. The 2002 report arising out of that review, Pathways to Justice, recommended a number of changes to Victoria's sentencing system, including the establishment of a Victorian Sentencing Advisory Council. ^[5] That legislation was passed in 2003, and the Council formally came into operation in 2004.^{[ citation needed ]} Professor Frieberg was the inaugural Chair of the Council from 2004 to his retirement in 2022 ^[6] and was also the Chair of the Tasmanian Sentencing Advisory Council until 2021. ^[7]

Directors

The legislation establishing the Council outlines a number of specific qualifications to be nominated by the Attorney-General of Victoria and then appointed by the Governor of Victoria. Some of the qualifications include the need for a person to be considered a highly experienced prosecution and defence lawyer with other criminal justice experience. ^{[8] [5]}

References from the Attorney-General

Over the years, Victoria’s Attorney-General has given the Council terms of reference seeking its advice on a range of topics, such as the sentencing of family violence offenders, ^[9] reforms to restitution and compensation orders ^[10] and the introduction of a sentencing guidelines council. ^[11] The Council’s responses to terms of reference have resulted in changes to maximum penalties for offences ^[12] and breaches of intervention orders; ^[13] the abolition of suspended sentences, ^[14] the introduction of a sentence indication scheme ^[15] and the addition of hatred and prejudice as a factor in sentencing. ^{[16] [ original research ]}

Community education

The Council hosts an online interactive sentencing simulation known as ‘Virtual You be the Judge’, ^[17] presenting face-to-face community education sessions for adults, developing and publishing teaching materials and lesson plans, ^[18] and developing and publishing plain-language guides to sentencing law and practice. ^[19]

References

1. "Sentencing Amendment Act 2003 (Vic)" (PDF). 6 May 2003.
2. ‘NSW Sentencing Council’. NSW Government.
3. ‘Queensland Sentencing Advisory Council’. Queensland Sentencing Advisory Council.
4. ‘The Sentencing Advisory Council’. Tasmanian Sentencing Advisory Council.
5. ‘About Us’, Victorian Sentencing Advisory Council.
6. ’Retirement Of Sentencing Advisory Council Chair', Premier of Victoria (2022).
7. ‘About the Sentencing Advisory Council’. Tasmanian Sentencing Advisory Council.
8. Sentencing Act 1991 (Vic) s 108F.
9. Swift, Certain and Fair Approaches to Sentencing Family Violence Offenders: Report, 2017
10. Sentencing Advisory Council, Restitution and Compensation Orders: Report, 2018
11. Sentencing Advisory Council, A Sentencing Guidelines Council for Victoria: Report, 2018
12. Parliament of Victoria, Parliamentary Debates, Legislative Council, Fifty-Sixth Parliament, First Session, Wednesday, 12 March 2008, p. 687
13. Parliament of Victoria, Parliamentary Debates, Legislative Council, Fifty-Sixth Parliament, First Session, Friday, 12 September 2008, p. 3819
14. Parliament of Victoria, Parliamentary Debates, Legislative Council, Fifty-Sixth Parliament, First Session, Questions on Notice, Thursday, 26 February 2009, p. 1039
15. Parliament of Victoria, Parliamentary Debates, Legislative Assembly, Fifty-Seventh Parliament, First Session, p. 3152
16. Parliament of Victoria, Parliamentary Debates, Legislative Council, Fifty-Sixth Parliament, First Session, Tuesday, 24 November 2009, pp.5558
17. Dennis Byles and Chris Gill, ‘Citizen Judges’ (2014) 88(12) Law Institute Journal 52.
18. ‘Legal studies resources’. Victoria Law Foundation.
19. Sentencing Advisory Council, A Quick Guide to Sentencing (5th edition, 2021).