Sentencing Advisory Council

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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[edit]

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[edit]

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[edit]

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[edit]

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[edit]

  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. ^ a b ‘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).
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