Return to normal view

Call for Comments on Sentence Indication and Specified Sentence Discounts

20 Feb 2007

"Measures to help avert costly and stressful trials and speed up criminal proceedings need to be fully investigated. Delay has an impact on victims, the accused and the overall effective operation of the justice system," said Professor Arie Freiberg, Chair of the Sentencing Advisory Council.

Professor Freiberg was speaking at the launch of the Council's Discussion Paper on Sentence Indication and Specified Sentence Discounts.

The Discussion Paper is the Council's initial response to a request by the Victorian Attorney-General, the Honourable Rob Hulls MP, to examine the merits of introducing a formal sentence indication process and of making more specific provision for offenders who plead guilty to receive a sentence discount.

"People put their lives on hold when they're involved in a court case. Everyone stands to benefit from a justice system that can identify and deal with cases that can be resolved by a guilty plea rather than a trial," Professor Freiberg said.

"We see our task as bringing together community views and current research on sentence discounts and sentence indication schemes."

"In relation to sentence discounts, Victorian courts have been required, for many years, to take into account an offender's guilty plea at sentencing. The Council has been asked to consider whether the law should be more specific and, if so, how this should be done. We are interested in people's views about whether there should be more explicit guidance as to when, and by how much a sentence can be reduced for a guilty plea and whether the court should be able to specify what effect, if any, the guilty plea has had on the sentence."

"Sentence indication is a more complex issue" Professor Freiberg said.

Sentence indication is a process that allows a magistrate or judge to give defendants an early indication of the type of sentence they would receive if they plead guilty earlier rather than later.

"A formal sentence indication process could help defendants become better informed before they enter a plea. Early pleas of guilty have benefits for all those involved in criminal proceedings" Professor Freiberg said.

"We are keen to hear from anyone with an interest in these issues, particularly victims of crime and their families."

"We are calling for submissions and will be holding roundtables and focus groups so that anyone interested in the issues contained in the Discussion Paper can put their views to us" he said.

Submissions on Sentence Indication and Specified Sentence Discounts are due by 16 March 2007.

To obtain printed copies of the Sentence Indication and Specified Sentence Discounts Discussion Paper contact us.