Sentencing remarks outline the sentencing decisions (judgments) of the courts. At the end of a sentencing hearing, the judge or magistrate summarises the case, imposes a sentence and outlines the reasons for the sentence. The judge or magistrate makes their sentencing remarks in open court for anyone in the court, including media, to hear.
Sentencing remarks often include:
- a summary of the offence, including aggravating and mitigating circumstances
- relevant factors about the offender, including their background and prospects of rehabilitation
- the impact of the offence on any victims
- the purpose or purposes that the judge or magistrate intends the sentence to achieve.
When sentencing an offender who has pleaded guilty, the judge or magistrate usually includes a statement indicating what the sentence would have been had the offender not pleaded guilty. Courts are required to make these statements under section 6AAA of the Sentencing Act 1991 (Vic).
Purpose of Sentencing Remarks
Judges and magistrates use sentencing remarks to explain the reasons for the sentence. The remarks help offenders to understand why they have received a particular sentence. The remarks help the community, particularly the victim, to understand the process of sentencing.
Reasons for a sentence can help influence how similar cases might be decided in the future. In this way, sentencing remarks promote consistency in sentencing. They can also help an appellate court (a court that hears appeals) decide if any errors were made in the sentencing process.
Are Sentencing Remarks Available to the Public?
Sentencing Remarks in the Higher Courts
In the higher courts, judges give their sentencing remarks verbally at the sentencing hearing. The sentencing remarks are recorded and transcribed. Some judges may make written copies available at the hearing and distribute these copies to the parties involved.
Supreme Court sentencing remarks are usually published on the Supreme Court website and/or the Australasian Legal Information Institute (AustLII) website. County Court sentencing remarks are often published on the County Court website or AustLII.
For some high-profile cases, the higher courts will live stream sentencing remarks so that media and community members can hear the sentencing remarks as the judge delivers them in court. The Supreme Court will often make the audio-visual recordings available on their website.
Sentencing Remarks in the Magistrates’ Court and Children’s Court
Magistrates give their sentencing remarks verbally at the sentencing hearing.
In the Magistrates’ Court, the sentencing remarks are recorded to audio but not transcribed. Copies of audio recordings are available from the Magistrates’ Court for a fee.
In the Children’s Court, sentencing remarks are recorded to audio, and any party to the proceeding may apply for a copy. Release of a recording requires the signed authorisation of a judicial officer and payment of a fee. Transcripts of Children’s Court hearings are not published.
Unpublished and Redacted Sentencing Remarks
Legislation, suppression orders or other restrictions may mean that some sentencing remarks cannot be published. Where sentencing remarks are available, a court may remove personal or identifying information.
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