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{{Short description|Advisory body}}
{{Use Australian English|date=May 2018}}
{{Use dmy dates|date=May 2018}}
{{Infobox government agency
{{Infobox government agency
| name = New South Wales Sentencing Council
| name = New South Wales Sentencing Council
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| deputyminister2_pfo = <!-- up to |deputyminister7_name= -->
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| chief1_name = [[James Roland Wood|James Wood]] {{post-nominals|country=AUS|sep=,|AO|QC}}
| chief1_name = [[James Roland Wood|James Wood]] {{post-nominals|country=AUS|AO,|QC}}
| chief1_position = Chairman
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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 |url= }}</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.
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.


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 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 (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>{{cite web |author=Abadee, Justice A. R. |title=The Role of Sentencing Advisory Councils |date=10 February 2006 |url= |publisher= |location= |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.
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.


==History of sentencing councils==
==History of sentencing councils==
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>{{cite web |publisher=[[Australian Law Reform Commission]] |work=ALRC Report 15 |title=Sentencing of Federal Offenders |date= |accessdate= |page=268 }}</ref>
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>


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>{{cite web |publisher=[[Australian Law Reform Commission]] |work=ALRC Report 103 |title=Same Crime, Same Time: Sentencing of Federal Offenders |date= |accessdate= }}</ref>
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>


==Composition==
==Composition==
Line 76: Line 79:


===Current members===
===Current members===
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 |publisher=New South Wales Sentencing Council |date=2016 |access-date=13 August 2016 }}</ref>
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>


{| class="wikitable sortable"
{| class="wikitable sortable"
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! Name !! Title
! Name !! Title
|-
|-
|The Hon. [[James Roland Wood|James Wood]] {{post-nominals|country=AUS|sep=,|AO|QC}} || Chairperson
|The Hon. [[James Roland Wood|James Wood]] {{post-nominals|country=AUS|AO,|QC}} || Chairperson
|-
|-
|The Hon. Anthony Whealy {{post-nominals|country=AUS|sep=,|AO|QC}} || Deputy Chairperson
|The Hon. Anthony Whealy {{post-nominals|country=AUS|AO,|QC}} || Deputy Chairperson
|-
|-
|His Honor Acting Judge Paul Cloran ||
|His Honor Acting Judge Paul Cloran ||
|-
|-
|Mr Howard W Brown {{post-nominals|country=AUS|sep=,|OAM}} || Victims of Crime Assistance League
|Mr Howard W Brown {{post-nominals|country=AUS|OAM}} || Victims of Crime Assistance League
|-
|-
|Mr [[Lloyd Babb]] {{post-nominals|country=AUS|sep=,|SC}} || [[Director of Public Prosecutions (New South Wales)|NSW Director of Public Prosecutions]]
|Mr [[Lloyd Babb]] {{post-nominals|country=AUS|SC}} || [[Director of Public Prosecutions (New South Wales)|NSW Director of Public Prosecutions]]
|-
|-
|Assistant Commissioner Mark Jenkins {{post-nominals|country=AUS|sep=,|APM}} || [[New South Wales Police Force]]
|Assistant Commissioner Mark Jenkins {{post-nominals|country=AUS|APM}} || [[New South Wales Police Force]]
|-
|-
| Mr Mark Ierace {{post-nominals|country=AUS|sep=,|SC}} ||
| Mr Mark Ierace {{post-nominals|country=AUS|SC}} ||
|-
|-
| Mr [[Nicholas Cowdery]] {{post-nominals|country=AUS|sep=,|AM|SC}} || Former Director of Public Prosecutions
| Mr [[Nicholas Cowdery]] {{post-nominals|country=AUS|AM}}, {{post-nominals|country=AUS|SC}} || Former Director of Public Prosecutions
|-
|-
| Professor [[Megan Davis]] || [[Australian Aboriginal|Aboriginal]] activist and [[human rights]] [[lawyer]]
| Professor [[Megan Davis]] || [[Australian Aboriginal|Aboriginal]] activist and [[human rights]] [[lawyer]]
Line 102: Line 105:
|Ms Tracey Booth || Community Representative
|Ms Tracey Booth || Community Representative
|-
|-
|Ms Moira Magrath || Community Representative
|Ms Moira Magrath || Community Representative
|-
|-
|Mr Peter Severin || [[Commissioner]], [[Corrective Services NSW]]
|Mr Peter Severin || [[Commissioner]], [[Corrective Services NSW]]
|-
|-
|Mr Ken Marslew {{post-nominals|country=AUS|sep=,|AM}} || Enough is Enough Anti-Violence Movement
|Mr Ken Marslew {{post-nominals|country=AUS|AM}} || Enough is Enough Anti-Violence Movement
|-
|-
|Mr Wayne Gleeson ||
|Mr Wayne Gleeson ||
|-
|-
| Professor David Tait ||
| Professor David Tait ||
Line 114: Line 117:


===Notable former members===
===Notable former members===
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 |date= |access-date= |work= |publisher=Judicial Commission of New South Wales }}</ref>
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>


{| class="wikitable sortable"
{| class="wikitable sortable"
Line 120: Line 123:
! Name !! Title
! Name !! Title
|-
|-
|The Honourable Alan Abadee {{post-nominals|country=AUS|sep=,|RFD|QC}} || Chairperson
|The Honourable Alan Abadee {{post-nominals|country=AUS|RFD|QC}} || Chairperson
|-
|-
|Mrs Jennifer Fullford || Community Representative
|Mrs Jennifer Fullford || Community Representative
Line 126: Line 129:
|Ms Martha Jabour || Community Representative (Homicide Victims Support Group)
|Ms Martha Jabour || Community Representative (Homicide Victims Support Group)
|-
|-
|Mr Peter Zahra {{post-nominals|country=AUS|sep=,|SC}} || Senior Public Defender
|Mr Peter Zahra {{post-nominals|country=AUS|SC}} || Senior Public Defender
|-
|-
|Hon J P Slattery {{post-nominals|country=AUS|sep=,|AO|QC}} || NSW Bar Association
|Hon J P Slattery {{post-nominals|country=AUS|AO,|QC}} || NSW Bar Association
|-
|-
|Commander John Laycock || NSW Police
|Commander John Laycock || NSW Police
|-
|-
|Professor Larissa Behrendt - Aboriginal Justice Representative || Jumbunna Indigenous House of Learning
|Professor [[Larissa Behrendt]] - Aboriginal Justice Representative || Jumbunna Indigenous House of Learning
|}
|}


==Reports==
==Reports==
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 |work= |publisher=New South Wales Sentencing Council |date=2016 |access-date=13 August 2016 }}</ref>
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>


*Sentencing Trends and Practices 2005-2006
*Sentencing Trends and Practices 2005-2006
Line 154: Line 157:


==Sources==
==Sources==
* {{cite web |publisher=[[Australian Law Reform Commission]] |work=ALRC Report 44 |title=Sentencing |date= |accessdate= }}
* {{citation|publisher=[[Australian Law Reform Commission]] |work=ALRC Report 44 |title=Sentencing }}
* Crimes (Sentencing Procedure) Act 1992 (NSW)
* Crimes (Sentencing Procedure) Act 1992 (NSW)


Latest revision as of 11:09, 22 October 2024

New South Wales Sentencing Council
Advisory body overview
JurisdictionNew South Wales, Australia
Minister responsible
Advisory body executive
Websitesentencingcouncil.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, 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]
  1. ^ Debus, Bob (23 October 2002). Second Reading speech (Speech). New South Wales Legislative Assembly.
  2. ^ Abadee, Justice A. R. (10 February 2006), The Role of Sentencing Advisory Councils, p. 2
  3. ^ "Sentencing of Federal Offenders", ALRC Report 15, Australian Law Reform Commission, p. 268
  4. ^ "Same Crime, Same Time: Sentencing of Federal Offenders", ALRC Report 103, Australian Law Reform Commission
  5. ^ "Who we are". New South Wales Sentencing Council. 2016. Retrieved 13 August 2016.
  6. ^ Johnson SC, Peter. "Reforms to NSW Sentencing Law - The Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002". Judicial Commission of New South Wales.
  7. ^ "Completed projects and publications". New South Wales Sentencing Council. 2016. Retrieved 13 August 2016.

Sources

[edit]
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