New South Wales Sentencing Council - History of Sentencing Councils

History of Sentencing Councils

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.