Functions of the Council
The Council is an advisory body rather than a review body. The Council therefore cannot review sentencing outcomes in individual cases. This is the role of the appellate courts on application from either the defendant or the Director of Public Prosecutions.
Section 108C of the Sentencing Act 1991 provides that the functions of the Council are to:
- provide statistical information on sentencing, including information on current sentencing practices to members of the judiciary and other interested persons
- conduct research and disseminate information to members of the judiciary and other interested persons on sentencing matters
- gauge public opinion on sentencing
- consult on sentencing matters with government departments and other interested persons and bodies as well as the general public
- advise the Attorney-General on sentencing issues
- provide the Court of Appeal with the Council's written views on the giving, or review, of a guideline judgment.
In addition to establishing the Council, the Government also amended the Sentencing Act 1991 to allow the Court of Appeal to deliver Guideline Judgments.