New South Wales Sentencing Council

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. 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. 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. , the current members are: Notable former members The inaugural members of the NSW Sentencing Council were: ==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: • 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==