04. Inquiry into sentencing

On Tuesday 7 May 2013 the Chair of the Standing Committee on Justice and Community Safety Mr Doszpot MLA advised the Legislative Assembly that the Committee had resolved to inquire into sentencing in the ACT.

Under its terms, the Committee will inquire into sentencing practice in the ACT, its effects and implications, including: the law, legal doctrine and rationale of contemporary sentencing practice; comparisons with other jurisdictions; rates of successful appeals regarding sentences; and timeliness in handing-down decisions and sentences.

The Committee will also consider ways in which contemporary sentencing practice in the ACT affects other parts of the justice system, including: the Courts; Corrective Services and the Alexander Maconochie Centre; ACT Policing; the legal profession; victims of crime; offenders; and community support organisations.

In particular, the Committee will consider the practice and effectiveness of current arrangements in the ACT for: parole; periodic detention; bail; Restorative Justice; and Circle Sentencing, and will consider alternative approaches to sentencing practice in the ACT and any other relevant matter.

Mr Doszpot noted that in the Sixth Assembly the Standing Committee on Legal Affairs had commenced an inquiry into sentencing in the Criminal Jurisdiction of the ACT but the inquiry was not completed, and lapsed at the end of the Sixth Assembly.

Mr Doszpot later said that in hearings for its inquiry into Annual Reports 2011-2012 the Committee had heard from a number of witnesses about the significance of sentence administration, timely outcomes, and other issues within the justice system.

‘Sentencing is an issue which cuts across the justice system’ he said, ‘and this gives the Committee the chance to take a snap-shot of the system as a whole’. He said that there were some concerns that had been raised over time, and that he valued the opportunity for the Committee to make a constructive response.

The Committee will report in the first sitting week after 1 November 2014.

The closing date for submissions is 27 September 2013.

The Committee notes that in the Sixth Assembly the Standing Committee on Legal Affairs, precursor to the present Committee, commenced an inquiry into Sentencing in the Criminal Jurisdiction of the ACT. The inquiry was not completed, and lapsed on 17 October 2008, at the end of the Sixth Assembly.

The Committee resolves to inquire into sentencing in the present—Eighth—Assembly, including into:

1. Sentencing practice in the ACT, its effects and implications, including:

a) the law, legal doctrine and rationale of contemporary sentencing practice;

b) comparisons with other jurisdictions;

c) rates of successful appeals regarding sentences; and

d) timeliness in handing-down decisions and sentences.

2. Ways in which contemporary sentencing practice in the ACT affects other parts of the justice system, including:

a) the Courts;

b) Corrective Services and the Alexander Maconochie Centre;

c) ACT Policing;

d) the legal profession;

e) victims of crime; and

f) offenders; and

g) community support organisations.

3. The practice and effectiveness of current arrangements in the ACT for:

a) parole;

b) periodic detention;

c) bail;

d) Restorative Justice; and

e) Circle Sentencing.

4. Alternative approaches to sentencing practice in the ACT.

5. Any other relevant matter.

The Committee will report in the first sitting week after 1 November 2014.

On 16 September 2014 the Chair of the Standing Committee on Justice and Community Safety advised the Assembly that the Committee had amended its resolution regarding the sentencing inquiry so that it was due to report ‘by the last sitting day of April 2015’.

DescriptionPDFWord
Sub No.9 - Mr Anthony Hopkins PDF (373.2 KB)
Sub No.8 - ACT Human Rights and Discrimination Commissioner PDF (862.9 KB)
Sub No.7 - ACT Children & Young People Commissioner PDF (533.8 KB)
Sub No.6 - ACTCOSS PDF (382.0 KB)
Sub No.5 - ATODA PDF (816.2 KB)
Sub No.4 - Australia Lawyers Alliance PDF (170.0 KB)
Sub No.3 - Director of Public Prosecutions PDF (80.6 KB)
Sub No.2 - Mr Christopher Ryan PDF (225.7 KB)
Sub No.1 - Dr Lorana Bartels PDF (433.2 KB)
Sub No.19 - Mr Terry O'Connell PDF (93.5 KB)
Sub No.18 - Prisoners Aid ACT PDF (220.0 KB)
Sub No.17 - Bravehearts PDF (924.4 KB)
Sub No.16 - Mr Greg Cornwell AM PDF (101.2 KB)
Sub No.15 - Aboriginal Legal Service PDF (565.7 KB)
Sub No.14 - Legal Aid ACT PDF (1.1 MB)
Sub No.13 - ACT Law Society PDF (232.7 KB)
Sub No.12 - ACT Government PDF (263.7 KB)
Sub No.11 - ACT Bar Association PDF (553.3 KB)
Sub No.10 - Victims of Crime Commissioner PDF (752.8 KB)
DescriptionPDFWord
Response to QToN - Min Rattenbury - re Throughcare - 1-06-2014 PDF (104.2 KB)
Response to QToN - Min Rattenbury - re remand and sentenced prisoners - 25-05-2014 PDF (140.3 KB)
Response to QToN - Min Rattenbury - re periodic detention- 1-06-2014 PDF (91.7 KB)
Response to QToN - Min Rattenbury - re number of parole breaches - 29-05-2014 PDF (150.2 KB)
Response to QToN - Min Rattenbury - re non-parole period - 29-05-2014 PDF (127.3 KB)
DescriptionPDFWord
Exhibit No.3 - Mr Terry O'Connell PDF (2.1 MB)
Exhibit No.2 - Mr Matt Casey PDF (1.2 MB)
Exhibit No.1G - Real Justice Australia and Re-engage Youth Services PDF (574.8 KB)
Exhibit No.1F - Real Justice Australia and Re-engage Youth Services PDF (2.8 MB)
Exhibit No.1E - Real Justice Australia and Re-engage Youth Services PDF (606.0 KB)
Exhibit No.1D - Real Justice Australia and Re-engage Youth Services PDF (115.7 KB)
Exhibit No.1C - Real Justice Australia and Re-engage Youth Services PDF (343.5 KB)
Exhibit No.1B - Real Justice Australia and Re-engage Youth Services PDF (510.1 KB)
Exhibit No.1A - Real Justice Australia and Re-engage Youth Services PDF (447.7 KB)
DescriptionPDFWord
Inquiry into sentencing PDF (2.1 MB) Word (2.7 MB)
DescriptionPDFWord
Government response PDF (521.6 KB)