In addition to our Sentencing Act Review, we are currently working on:
- Sentencing Adult Family Violence Offenders in Victoria
- Standard Sentences
- Category A and B Serious Youth Offences
- Virtual You be the Judge
Sentencing Adult Family Violence Offenders in Victoria
The Council is preparing a report on the sentencing of adult family violence offenders in Victoria. The project will examine sentencing outcomes for family violence offenders in the Magistrates’ Court, County Court and Supreme Court from July 2017 to June 2024. The project team will use the family violence indicator employed by police and the courts to identify cases in which at least one offence occurred in the context of family violence.
The report will examine:
- the prevalence of family violence offences recorded by police and sentenced by courts
- sentencing outcomes for family violence offences, including trends over time
- factors associated with offenders receiving prison sentences in the Magistrates’ Court, and longer prison sentences in the higher courts
- reoffending patterns of family violence offenders.
Standard Sentences
Introduced in 2018, standard sentences are numerical guideposts that courts have to consider when sentencing 13 serious offences. Now that standard sentences have been in operation for more than seven years, the Council is preparing a report on whether standard sentences have affected sentencing practices, and if so, how.
For each of the 13 offences, the report will examine:
- the number of charges sentenced each year
- whether the standard sentence applied (that is, was the offence committed after standard sentences were introduced?)
- the types of sentences imposed and
- the lengths of prison sentences imposed.
The Council will also be undertaking a regression analysis for a handful of these offences to attempt to quantify the contribution of standard sentences to changes in sentencing outcomes.
Category A and B Serious Youth Offences
In 2018, new legislation came into effect classifying certain crimes as category A and B serious youth offences. This classification applies if the child or young person was aged 16 or over at the time of the offending but aged under 21 at the time of sentencing. This classification can affect which courts sentence those offences and which sentences are imposed.
The Council is preparing a report examining:
- how many category A and B serious youth offences were sentenced between their introduction in 2018 and 30 June 2024
- which courts sentenced category A and B serious youth offences
- which category A and B serious youth offences were most commonly sentenced
- the age and gender of children and young people sentenced for category A and B serious youth offences and
- the types of sentences imposed on children and young people who were sentenced for category A and B serious youth offences.
Virtual You be the Judge
Our Virtual You be the Judge online application educates the public about sentencing by putting people in the position of a sentencing judge. Building on our popular You be the Judge format for in-person educational sessions, the application uses real-life case studies to help people understand the sentencing process and, at an introductory level, how Victorian courts make sentencing decisions. Currently, thousands of people, especially high school students, use Virtual You be the Judge each year to learn about sentencing.
There have been significant advancements and changes in technology, sentencing law, and sentencing practices since the Council launched Virtual You be the Judge in October 2010. In 2023, the Victorian Legal Services Board + Commissioner generously provided the Council with dedicated funding to rebuild Virtual You be the Judge. The application will include entirely new case studies and a refresh of its appearance and interactivity, while retaining the key features that have made Virtual You be the Judge a success.
We are currently aiming to launch the new Virtual You be the Judge in time for the 2027 school year.