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Plain-English Guide to Sentencing Released

The Judicial Conference of Australia has released Judge for Yourself: A guide to sentencing in Australia.  The booklet attempts to provide answers to some of the many questions people have about how sentencing occurs in Australia.

What factors does the court take into account? How much discretion does the judicial officer have? To what extent is the discretion limited? Why is a particular penalty chosen? Why a non-custodial sentence rather than imprisonment? Why a minimum sentence of three years for a bashing rather than, say, ten years? Is the sentence going to be effective? How will we know?

These questions are considered from the point of view of judges and magistrates who daily impose sentences in the courts.  The booklet explains in broad terms what courts do in the sentencing process and why they do it.

There is also discussion on some common criticisms that are made about sentencing. The sentencing process is at the very core of the criminal justice system. Every community needs to devote a good deal of time and energy to producing a justice system that is as logical, rational, sensible and effective as possible. The task is not simple and it is never finished.

The booklet is available on this website, or copies can be obtained by contacting the Sentencing Advisory Council.