The NSW Law Reform Commission (LRC) has released for public comment the second group of question papers relating to the review of the Crimes (Sentencing Procedure) Act 1999 (NSW). Further information on the sentencing review may be found here.ï¿½
These question papers build on the first four papers released in March 2012, which dealt with some of the most fundamental aspects of sentencing law including its purposes and principles.
The papers will examine full-time imprisonment and the various other custodial and non-custodial sentencing options and will also ask whether there are other sentencing options which could be introduced in addition to the existing options.
Question Paper 5: Full-time imprisonment â examines structures of full-time imprisonment, including short terms of imprisonment, reviewing the balance between non-parole and parole periods, and aggregate sentences.ï¿½
Question Paper 6: Intermediate custodial sentencing options â analyses the intermediate custodial alternatives to full-time imprisonment (compulsory drug treatment detention; home detention; intensive correction orders; suspended sentences; and rising of the court) and asks how they can be improved. It also asks whether there are other intermediate custodial sentencing options (such as periodic detention) which could be introduced in addition to these existing options.
Question Paper 7: Non-custodial sentencing options â analyses the non-custodial alternatives (community service orders; s 9 bonds; fines; and non-conviction orders) and asks how they can be improved. It also asks whether there are other non-custodial sentencing options (such as work development orders and fines held in trust) which could be introduced in addition to these existing options.
Readers should be aware that the question of combining various sentencing options (whether custodial or non-custodial) and the framework for managing such combinations will be the subject of a future question paper. Questions concerning the operation of orders that are currently ancillary to sentencing, including reparation and compensation orders, forfeiture orders, licence disqualification and non-association and place restriction orders, will also be dealt with by a future question paper.
The NSWLRCï¿½seeks your responses to these three question papers. For ease of reference, we have extracted the questions from each question paper into a separate document -ï¿½
Send submissions to:
Post: GPO Box 5199, Sydney NSW 2001
DX: DX 1227 Sydney
Electronic submissions are preferred.
The closing date for submissions on Question Papers 5 to 7 is Friday, 17 August 2012.
For further information on the use of submissions and confidentiality, please go to: http://www.lawlink.nsw.gov.au/lawlink/lrc/ll\_lrc.nsf/pages/LRC\_cref130qp5\_7
The LRC intends to release further question papers in July 2012 which will address greater flexibility in combining sentencing options, schemes for diversion and deferral of sentencing, ancillary orders, special categories of offenders and jurisdictional and procedural issues.
If you have questions about the process please email or call (02) 8061 9270.
28 June 2012