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{{Short description|Advisory body}} |
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The '''New South Wales Sentencing Council''' is a 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 [[New South Wales Attorney General]] 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 <ref>Debus</ref>. 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. |
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{{Infobox government agency |
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| name = New South Wales Sentencing Council |
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| type = Advisory body |
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| jurisdiction = [[New South Wales]], Australia |
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| employees = |
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| minister1_name = [[Gabrielle Upton]] |
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| minister1_pfo = [[Attorney-General of New South Wales|NSW Attorney-General]] |
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| chief1_name = [[James Roland Wood|James Wood]] {{post-nominals|country=AUS|AO,|QC}} |
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| chief1_position = Chairman |
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| website = {{nowrap|{{URL|http://www.sentencingcouncil.justice.nsw.gov.au/|sentencingcouncil.justice.nsw.gov.au}}}} <!-- {{URL|example.com}} --> |
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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.<ref>{{cite speech |author=Debus, Bob |author-link=Bob Debus |title=Second Reading speech |publisher=[[New South Wales Legislative Assembly]] |date=23 October 2002 }}</ref> 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. |
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The council provides similar functions to other bodies in New South Wales and in Australia. |
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. |
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The council was the first of its type established in Australia. |
The council was the first of its type established in Australia. A similar body has been established in [[Victoria (Australia)|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|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.<ref>{{citation|author=Abadee, Justice A. R. |title=The Role of Sentencing Advisory Councils |date=10 February 2006 |page=2 }}</ref> The New South Wales council attempts to balance each of these flavours by including a cross-section of the community within the council. |
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==History of sentencing councils== |
==History of sentencing councils== |
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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.<ref>{{citation|publisher=[[Australian Law Reform Commission]] |work=ALRC Report 15 |title=Sentencing of Federal Offenders|page=268 }}</ref> |
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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.<ref>{{citation|publisher=[[Australian Law Reform Commission]] |work=ALRC Report 103 |title=Same Crime, Same Time: Sentencing of Federal Offenders }}</ref> |
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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 <ref>ALRC 15 p268</ref>. |
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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 <ref>ALRC 103</ref>. |
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==Establishment of council== |
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The current council was established in February 2003 when the New South Wales Government amended the [[Crimes (Sentencing Procedures) Act 1999 (NSW)]] to update its criminal laws. Those amendments introduced changes to sentencing law with the introduction of a new concept called “Standard non-parole periods”. A standard non-parole period is basically a time frame for which an offender was not to be eligible for release on parole from prison and which the New South Wales Government considered was normal for an offence that was in the middle of the level of seriousness. For example, for murder the standard period was 20 years. The council was also introduced at the same time, and given the function to report to the Attorney General on issues relating to sentencing. |
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==Composition== |
==Composition== |
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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. |
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The council was initially comprised 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 years 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. |
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Members include: |
Members include: |
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*a retired judicial officer, |
*a retired judicial officer, |
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*a person with expertise or experience in law enforcement, |
*a person with expertise or experience in law enforcement, |
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*various persons who have expertise or experience in criminal law or sentencing, |
*various persons who have expertise or experience in criminal law or sentencing, |
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*a person who has expertise or experience in the area of prosecution |
*a person who has expertise or experience in the area of prosecution |
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*a person who has expertise or experience in the area of defence |
*a person who has expertise or experience in the area of defence |
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*four are to be persons representing the general community, of whom two are to have expertise or experience in matters associated with victims of crime. |
*four are to be persons representing the general community, of whom two are to have expertise or experience in matters associated with victims of crime. |
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===Current members=== |
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The inaugural members of the NSW Sentencing Council were: |
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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|2016|08}}, the current members are:<ref name=sc>{{cite web |work=New South Wales Sentencing Council |url=http://www.sentencingcouncil.justice.nsw.gov.au/Pages/sent_council_index/who/who.aspx |title=Who we are |date=2016 |access-date=13 August 2016 }}</ref> |
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{| class="wikitable sortable" |
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* The Honourable A R Abadee RFD QC - Chair |
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*Mrs Jennifer Fullford - Community Representative |
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! Name !! Title |
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*Ms Martha Jabour - Community Representative (Homicide Victims Support Group) |
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|- |
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*Mr N R Cowdrey QC - Director of Public Prosecutions |
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|The Hon. [[James Roland Wood|James Wood]] {{post-nominals|country=AUS|AO,|QC}} || Chairperson |
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*Mr Peter Zahra SC - Senior Public Defender |
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|- |
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*Hon J P Slattery AO QC - NSW Bar Association |
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|The Hon. Anthony Whealy {{post-nominals|country=AUS|AO,|QC}} || Deputy Chairperson |
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*Commander John Laycock - NSW Police |
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|- |
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*Prof Larissa Behrendt - Aboriginal Justice Representative (Jumbunna Indigenous House of Learning) |
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|His Honor Acting Judge Paul Cloran || |
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*Mr Howard W Brown - Community Representative (Victims of Crime Assistance League, NSW Victims Advisory Board) |
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|- |
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*Mr Ken Marslew AM - Community Representative (Enough is Enough) |
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|Mr Howard W Brown {{post-nominals|country=AUS|OAM}} || Victims of Crime Assistance League |
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<ref>Reforms to NSW Sentencing Law - The Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 by Peter Johnson SC. http://www.judcom.nsw.gov.au/selected_papers/sms.php</ref>. |
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|- |
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|Mr [[Lloyd Babb]] {{post-nominals|country=AUS|SC}} || [[Director of Public Prosecutions (New South Wales)|NSW Director of Public Prosecutions]] |
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|- |
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|Assistant Commissioner Mark Jenkins {{post-nominals|country=AUS|APM}} || [[New South Wales Police Force]] |
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|- |
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| Mr Mark Ierace {{post-nominals|country=AUS|SC}} || |
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|- |
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| Mr [[Nicholas Cowdery]] {{post-nominals|country=AUS|AM}}, {{post-nominals|country=AUS|SC}} || Former Director of Public Prosecutions |
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|- |
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| Professor [[Megan Davis]] || [[Australian Aboriginal|Aboriginal]] activist and [[human rights]] [[lawyer]] |
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|- |
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|Ms Tracey Booth || Community Representative |
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|- |
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|Ms Moira Magrath || Community Representative |
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|- |
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|Mr Peter Severin || [[Commissioner]], [[Corrective Services NSW]] |
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|- |
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|Mr Ken Marslew {{post-nominals|country=AUS|AM}} || Enough is Enough Anti-Violence Movement |
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|- |
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|Mr Wayne Gleeson || |
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|- |
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| Professor David Tait || |
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|} |
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===Notable former members=== |
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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. The current members are: |
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The inaugural members of the NSW Sentencing Council were:<ref>{{cite web |title=Reforms to NSW Sentencing Law - The Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 |author=Johnson SC, Peter |url=http://www.judcom.nsw.gov.au/selected_papers/sms.php |publisher=Judicial Commission of New South Wales }}</ref> |
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{| class="wikitable sortable" |
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*The Hon James Wood AO QC (Chairperson) |
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|- |
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*The Hon J P Slattery AO QC (Deputy Chairperson) |
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! Name !! Title |
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*Mr Howard W Brown OAM (Victims of Crime Assistance League) |
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|- |
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*Mr N R Cowdery AM QC (NSW Director of Public Prosecutions) |
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|The Honourable Alan Abadee {{post-nominals|country=AUS|RFD|QC}} || Chairperson |
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*Assistant Commissioner Chris Evans APM (NSW Police) |
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|- |
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*Mrs Jennifer Fullford (Community Representative) |
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|Mrs Jennifer Fullford || Community Representative |
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*Ms Martha Jabour (Homicide Victims Support Group) |
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|- |
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*Mr Norman Laing (Barrister; Representative with expertise in Aboriginal justice matters) |
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|Ms Martha Jabour || Community Representative (Homicide Victims Support Group) |
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*Mr Ken Marslew AM (Enough is Enough Anti-Violence Movement) |
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|- |
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*Mr Peter Zahra SC (Senior Public Defender) <ref>Council’s website. http://www.lawlink.nsw.gov.au/lawlink/scouncil/ll_scouncil.nsf/pages/scouncil_reports</ref>. |
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|Mr Peter Zahra {{post-nominals|country=AUS|SC}} || Senior Public Defender |
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|- |
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|Hon J P Slattery {{post-nominals|country=AUS|AO,|QC}} || NSW Bar Association |
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|- |
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|Commander John Laycock || NSW Police |
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|- |
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|Professor [[Larissa Behrendt]] - Aboriginal Justice Representative || Jumbunna Indigenous House of Learning |
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|} |
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== |
==Reports== |
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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:<ref name=reports>{{cite web |url=http://www.sentencingcouncil.justice.nsw.gov.au/nsw-sentencing-council/publications |title=Completed projects and publications |publisher=New South Wales Sentencing Council |date=2016 |access-date=13 August 2016 }}</ref> |
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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: |
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*Sentencing Trends and Practices 2005-2006 |
*Sentencing Trends and Practices 2005-2006 |
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*Abolishing Prison Sentences of Six Months or Less |
*Abolishing Prison Sentences of Six Months or Less |
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*Whether Attempt and Accessorial Offences should be included in the Standard Non-Parole Sentencing Scheme |
*Whether Attempt and Accessorial Offences should be included in the Standard Non-Parole Sentencing Scheme |
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*Firearms Offences and the Standard Non-Parole Sentencing Scheme |
*Firearms Offences and the Standard Non-Parole Sentencing Scheme |
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*How Best to Promote Consistency in Sentencing in the Local Court |
*How Best to Promote Consistency in Sentencing in the Local Court |
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*Seeking a Guideline Judgment on Suspended Sentences |
*Seeking a Guideline Judgment on Suspended Sentences. |
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==See also== |
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{{stack|{{portal|Law|New South Wales}}}} |
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* [[Children's Court of New South Wales]] |
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*[[List of New South Wales courts and tribunals]] |
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==References== |
==References== |
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==Sources== |
==Sources== |
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* {{citation|publisher=[[Australian Law Reform Commission]] |work=ALRC Report 44 |title=Sentencing }} |
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*Debus, Bob. Second Reading speech, New South Wales Legislative Assembly, 23 October 2002. |
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* Crimes (Sentencing Procedure) Act 1992 (NSW) |
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* “The Role of Sentencing Advisory Councils” Justice A. R. Abadee 10 February 2006 |
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* ALRC 15 “Sentencing of Federal Offenders”. |
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* “ALRC 44 Sentencing” Australian Law Reform Commission. |
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* ALRC Report 103 “Same Crime, Same Time: Sentencing of Federal Offenders” |
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[[Category: |
[[Category:New South Wales courts and tribunals]] |
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[[Category:Sentencing (law)]] |
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[[Category:Australian criminal law]] |
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Latest revision as of 11:09, 22 October 2024
| Advisory body overview | |
|---|---|
| Jurisdiction | New South Wales, Australia |
| Minister responsible | |
| Advisory body executive |
|
| 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.
History of sentencing councils
[edit]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]
Composition
[edit]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:
- a retired judicial officer,
- a person with expertise or experience in law enforcement,
- various persons who have expertise or experience in criminal law or sentencing,
- a person who has expertise or experience in the area of prosecution
- a person who has expertise or experience in the area of defence
- a person who has expertise or experience in Aboriginal justice matters
- four are to be persons representing the general community, of whom two are to have expertise or experience in matters associated with victims of crime.
Current members
[edit]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 |
Notable former members
[edit]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 |
Reports
[edit]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]
- Sentencing Trends and Practices 2005-2006
- Abolishing Prison Sentences of Six Months or Less
- Whether Attempt and Accessorial Offences should be included in the Standard Non-Parole Sentencing Scheme
- Firearms Offences and the Standard Non-Parole Sentencing Scheme
- How Best to Promote Consistency in Sentencing in the Local Court
- Seeking a Guideline Judgment on Suspended Sentences.
See also
[edit]
References
[edit]- ^ Debus, Bob (23 October 2002). Second Reading speech (Speech). New South Wales Legislative Assembly.
- ^ Abadee, Justice A. R. (10 February 2006), The Role of Sentencing Advisory Councils, p. 2
- ^ "Sentencing of Federal Offenders", ALRC Report 15, Australian Law Reform Commission, p. 268
- ^ "Same Crime, Same Time: Sentencing of Federal Offenders", ALRC Report 103, Australian Law Reform Commission
- ^ "Who we are". New South Wales Sentencing Council. 2016. Retrieved 13 August 2016.
- ^ Johnson SC, Peter. "Reforms to NSW Sentencing Law - The Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002". Judicial Commission of New South Wales.
- ^ "Completed projects and publications". New South Wales Sentencing Council. 2016. Retrieved 13 August 2016.
Sources
[edit]- "Sentencing", ALRC Report 44, Australian Law Reform Commission
- Crimes (Sentencing Procedure) Act 1992 (NSW)