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Sentencing, Parole and Confiscation Orders

The Attorney-General is seeking advice from the Sentencing Advisory Council on the options for addressing the consequences and implications of a number of recent Court of Appeal decisions in respect of the impact of parole revocation and confiscation orders on the determination of sentence.

The Court of Appeal has recently made a number of decisions in relation to the sentencing of offenders when:

• an offender is sentenced for offences committed while on parole and the Adult Parole Board subsequently revokes parole; and
• an offender is sentenced for offences and subsequently forfeits property or assets under the Confiscation Act 1997 (Vic).

The effect of the Court of Appeal decisions are that if an offender’s parole is revoked or confiscation orders are made after sentence is imposed, he or she can appeal against sentence and their sentence may be reconsidered by the Court of Appeal.

The Council is requested to provide advice on possible options for addressing the consequences and implications of these recent Court of Appeal decisions in respect of parole and confiscation, where such decisions occur after sentencing. In providing this advice, the Council is requested to:

• Consult with the Court of Appeal, the Supreme, County and Magistrates’ Courts, the Director of Public Prosecutions and the Adult Parole Board;
• Consider the intersection of common law principles of totality and proportionality with sections 5(2AA) and 16(3B) of the Sentencing Act 1991 (Vic) (parole) and section 5 of the Sentencing Act 1991 (Vic) (confiscation); and
• Take into account the practical implications of any suggested reforms.

The Council released a discussion and options paper on 3 June 2009, and is inviting submissions on the issues and options raised in the paper.

Submissions can be forwarded to the Council by mail, fax or email by Friday 17 July 2009.