New South Wales Sentencing Council
Encyclopedia
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 . 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 United Kingdom Sentencing Guidelines Council in the United Kingdom
are examples of bodies which consist primarily of judicial members, giving those bodies a judicial flavour. In contrast, the Scottish Sentencing Commission in Scotland
is made up of parliamentarians, giving it a political flavour. The New South Wales council attempts to balance each of these flavours by including a cross-section of the community within the council.
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 .
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 .
Members include:
The inaugural members of the NSW Sentencing Council were:
.
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:
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, a state of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
. 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 . 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
Australian Bureau of Statistics
The Australian Bureau of Statistics is Australia's national statistical agency. It was created as the Commonwealth Bureau of Census and Statistics on 8 December 1905, when the Census and Statistics Act 1905 was given Royal assent. It had its beginnings in section 51 of the Constitution of Australia...
. 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
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
which is called the Victorian Sentencing Council. Outside of Australia, overseas council perform similar functions. The United States Sentencing Commission
United States Sentencing Commission
The United States Sentencing Commission is an independent agency of the judicial branch of the federal government of the United States. It is responsible for articulating the sentencing guidelines for the United States federal courts...
in the United States of America
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and the United Kingdom Sentencing Guidelines Council in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
are examples of bodies which consist primarily of judicial members, giving those bodies a judicial flavour. In contrast, the Scottish Sentencing Commission in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
is made up of parliamentarians, giving it a political flavour. 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
The Australian Law Reform CommissionAustralian Law Reform Commission
The Australian Law Reform Commission is an Australian independent statutory body established to conduct reviews into the law of Australia and advocate options for law reform...
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 .
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 .
Composition
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.
The inaugural members of the NSW Sentencing Council were:
- The Honourable A R Abadee RFD QC - Chair
- Mrs Jennifer Fullford - Community Representative
- Ms Martha Jabour - Community Representative (Homicide Victims Support Group)
- Mr N R Cowdrey QC - Director of Public Prosecutions
- Mr Peter Zahra SC - Senior Public Defender
- Hon J P Slattery AO QC - NSW Bar Association
- Commander John Laycock - NSW Police
- Prof Larissa Behrendt - Aboriginal Justice Representative (Jumbunna Indigenous House of Learning)
- Mr Howard W Brown - Community Representative (Victims of Crime Assistance League, NSW Victims Advisory Board)
- Mr Ken Marslew AM - Community Representative (Enough is Enough)
.
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:
- The Hon James Roland WoodJames Roland WoodThe Honourable James Roland Tomson Wood AO, QC is the chairman of Law Reform Commission of New South Wales, the chairman of the New South Wales Sentencing Council, the Inspector of the Police Integrity Commission and a former judge in Australia.-Early years:...
AO QC (Chairperson) - The Hon J P Slattery AO QC (Deputy Chairperson)
- Mr Howard W Brown OAM (Victims of Crime Assistance League)
- Mr N R Cowdery AM QC (NSW Director of Public Prosecutions)
- Assistant Commissioner Chris Evans APM (NSW Police)
- Mrs Jennifer Fullford (Community Representative)
- Ms Martha Jabour (Homicide Victims Support Group)
- Mr Norman Laing (Barrister; Representative with expertise in Aboriginal justice matters)
- Mr Ken Marslew AM (Enough is Enough Anti-Violence Movement)
- Mr Peter Zahra SC (Senior Public Defender) .
Report
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:- 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 .
Sources
- Debus, Bob. Second Reading speech, New South Wales Legislative Assembly, 23 October 2002.
- Justice A. R. Abadee, “The Role of Sentencing Advisory Councils” 10 February 2006
- Australian Law Reform CommissionAustralian Law Reform CommissionThe Australian Law Reform Commission is an Australian independent statutory body established to conduct reviews into the law of Australia and advocate options for law reform...
. ALRC Report 15 “Sentencing of Federal Offenders”. - Australian Law Reform CommissionAustralian Law Reform CommissionThe Australian Law Reform Commission is an Australian independent statutory body established to conduct reviews into the law of Australia and advocate options for law reform...
. ALRC Report 44 "Sentencing” - Australian Law Reform CommissionAustralian Law Reform CommissionThe Australian Law Reform Commission is an Australian independent statutory body established to conduct reviews into the law of Australia and advocate options for law reform...
. ALRC Report 103 “Same Crime, Same Time: Sentencing of Federal Offenders” - Crimes (Sentencing Procedure) Act 1992 (NSW)