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. The Council comprises a board of between 11 and 14 directors, who are supported by a secretariat of staff. In Australia, there are also sentencing councils in New South Wales,‘NSW Sentencing Council’. NSW Government. Queensland‘Queensland Sentencing Advisory Council’. Queensland Sentencing Advisory Council. and Tasmania.‘The Sentencing Advisory Council’. Tasmanian Sentencing Advisory Council. There are also sentencing councils in some overseas jurisdictions, such as in England and Wales and in Scotland.
History 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. That legislation was passed in 2003, and the Council formally came into operation in 2004. Professor Frieberg was the inaugural Chair of the council from 2004 to his retirement in 2022’Retirement Of Sentencing Advisory Council Chair', Premier of Victoria (2022). and was also the Chair of the Tasmanian Sentencing Advisory Council until 2021.‘About the Sentencing Advisory Council’. Tasmanian Sentencing Advisory Council.
Directors 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 who is a highly experienced prosecution, a person who is a highly experienced defence lawyer, and others with relevant criminal justice experience.Sentencing Act 1991 (Vic) s 108F.‘About Us’, Victorian Sentencing Advisory Council.
References from the Attorney-General 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,Swift, Certain and Fair Approaches to Sentencing Family Violence Offenders: Report, 2017 reforms to restitution and compensation ordersSentencing Advisory Council, Restitution and Compensation Orders: Report, 2018 and the introduction of a sentencing guidelines council.Sentencing Advisory Council, A Sentencing Guidelines Council for Victoria: Report, 2018 The council's responses to terms of reference have resulted in changes to maximum penalties for offencesParliament of Victoria, Parliamentary Debates, Legislative Council, Fifty-Sixth Parliament, First Session, Wednesday, 12 March 2008, p. 687 and breaches of intervention orders;Parliament of Victoria, Parliamentary Debates, Legislative Council, Fifty-Sixth Parliament, First Session, Friday, 12 September 2008, p. 3819 the abolition of suspended sentences,Parliament of Victoria, Parliamentary Debates, Legislative Council, Fifty-Sixth Parliament, First Session, Questions on Notice, Thursday, 26 February 2009, p. 1039 the introduction of a sentence indication schemeParliament of Victoria, Parliamentary Debates, Legislative Assembly, Fifty-Seventh Parliament, First Session, p. 3152 and the addition of hatred and prejudice as a factor in sentencing.Parliament of Victoria, Parliamentary Debates, Legislative Council, Fifty-Sixth Parliament, First Session, Tuesday, 24 November 2009, pp.5558
Community education The council hosts an online interactive sentencing simulation known as ‘Virtual You be the Judge’,Dennis Byles and Chris Gill, ‘Citizen Judges’ (2014) 88(12) Law Institute Journal 52. presenting face-to-face community education sessions for adults, developing and publishing teaching materials and lesson plans,‘Legal studies resources’. Victoria Law Foundation. and developing and publishing plain-language guides to sentencing law and practice.Sentencing Advisory Council, A Quick Guide to Sentencing (5th edition, 2021).
References