Since the Sentencing Act 1991 (Sentencing Act) came into force, sentencing law has evolved considerably, including through statutory amendments and judicial practice. Now over 500 pages long, the Sentencing Act is complex and may no longer consistently deliver on its purposes, which include promoting public understanding of sentencing practices. A comprehensive review of the Sentencing Act is needed to establish foundations for effective, longer-term legislative reform.
The Sentencing Advisory Council (the Council) is asked to review the Sentencing Act and deliver a report with evidence-informed recommendations to inform development of a modern sentencing act.
The Council is particularly asked to consider:
- an appropriate structure or framework (including guidelines, governing principles and sentencing factors) that would be clear, fit-for-purpose and reflect community expectations
- whether the current range of sentencing orders in the Sentencing Act, and their hierarchy, meets community needs and expectations
- whether the current sentencing penalty scale remains relevant and suitable for modern sentencing practice
- how to integrate sentencing practices that support victims, and
- any other ways to modernise and streamline sentencing in Victoria – including to promote consistency, transparency and community confidence.
In undertaking its review and developing the recommendations, the Council should consider:
- intersections with other Victorian legislation which impacts on sentencing1
- recommendations made by other reviews relating to sentencing legislation, and
- interjurisdictional (including international) sentencing approaches.
The Council is asked to engage with all relevant stakeholders during the review – including the broader community, victims, legal and justice stakeholders, representatives from the Aboriginal and Torres Strait Islander community and other groups who are over-represented in the justice system.
The Council is asked to deliver a final report to the Attorney-General in mid-2028.
1 For example, Criminal Procedure Act 2009 provisions relating to diversion and Youth Justice Act 2024 sentencing principles for children.
