The work of the Queensland Sentencing Advisory Council Professor Geraldine Mackenzie, Chair

1. The work of the Queensland Sentencing Advisory Council Professor Geraldine Mackenzie, Chair Anne Edwards, Director

2. Queensland Sentencing Advisory Council • Established in December 2010 by amendment to the Penalties and Sentences Act 1992 (Qld) • Members, appointed by the Attorney-General, to have expertise or experience in a range of relevant areas, such as victims of crime, vulnerable persons facing the criminal justice system, law enforcement, criminal prosecutions, civil liberties, etc. • Chair: Professor Geraldine Mackenzie • Deputy Chair: Nicholas Tucker

3. Members of the Council • John Allen, Public Defender • Kelvin Anderson, DG, Dept of Community Safety • Bob Atkinson, Police Commissioner • Jonty Bush, Community representative • Kevin Cocks, Anti-Discrimination Commissioner • Bob Colless, Gumba Gumba, Cairns • Beryl Crosby, Community representative • Jeffrey Hunter SC, Barrister • Christy McGuire, Coordinator, Zig Zag • Tony Moynihan, Director of Public Prosecutions

4. Functions of the Council • To state its views to the Court of Appeal on the giving, or review, of a guideline judgment • To advise the Attorney-General, at his request, on matters relating to sentencing • To provide information to the community to enhance knowledge and understanding of matters relating to sentencing

5. Functions of the Council • To publish information relating to sentencing • To research matters relating to sentencing and publish the results • To obtain community views on sentencing and particular matters relating to sentencing

6. Sentencing councils in other jurisdictions • NSW - 12 member Council, started in 2003, supported by a two person secretariat • Victoria –11 member Council (currently), supported by a 16 person secretariat, established in 2004 • Tasmania - 10 member Council, supported by an Executive Officer, established in November 2010 (administratively rather than legislatively) • NT announced an intention to establish a sentencing council in August 2011 • SA is considering establishing a sentencing council

7. What the Council is not • Does not review or comment on individual cases • Does not provide advice to the Attorney-General on individual sentencing decisions or appeal matters • Does not collect/hold personal information on individuals • Does not operate in a vacuum • Does not have responsibility for collecting or maintaining sentencing data (analyses data collected by other agencies)

8. Council’s work program • Terms of Reference issued by the Attorney-General • Research Agenda • Community Engagement Strategy

9. Reference 1 - Minimum standard non-parole periods (SNPPs) • In Oct 2010, the Qld Government announced it would introduce SNPPs for serious violent offences and sexual offences • Council received Terms of Reference in December 2010 asking for advice on: - which offences should be included - the levels at which non-parole periods should be set, and - when a court should be able to set a higher or lower non-parole period than the SNPP

10. The Council’s approach • February 2011: Initial roundtable discussions • June 2011: Release of public Consultation Paper and companion Research Paper • June-July 2011: Statewide consultation meetings and public call for submissions • 4 August 2011: Final roundtable discussion with key legal stakeholders • Final report delivered to the Attorney-General on 30 September

11. Final Report • A majority of the Council does not support the introduction of any form of new SNPP scheme in Queensland • A minority support the introduction of a SNPP scheme in the form recommended by the Council • The recommendations responding to the Terms of Reference represent the views of all Council members

12. Council’s response – form and levels • If introduced, a new 65% SNPP should be integrated with Part 9A of the Penalties and Sentences Act 1992 (SVO provisions) • Retain operation of Part 9A, but new SNPP would apply to offenders aged 18 years or over who are convicted on indictment of a prescribed ‘serious offence’ and sentenced to 5-10 years imprisonment who are otherwise not declared convicted of a SVO (or ‘SO’ under Council proposals) (and therefore subject to minimum NPP of 80% of the sentence)

13. Council’s response – form and levels • SNPP would apply unless the court is of the opinion that it is ‘unjust to do so’ • Reasons for departure must be recorded in writing • Schedule 1 of the PSA would be retitled ‘Serious Offences’ and the new SNPP would become the Serious Offences Standard Non-Parole Period • The new scheme would apply to offences committed on or after commencement of the scheme

14. Council’s response - offences • Adopt Schedule 1 PSA as ‘serious offences’ and include other offences defined as ‘sexual offences’ but not in Schedule 1: • using electronic communication to procure children under 16 • obscene publications and exhibitions • involving a child in the making of child exploitation material • making child exploitation material • distributing child exploitation material • possessing child exploitation material • permitting a young person or a person with an impairment of the mind to be at a place used for prostitution, and • bestiality

15. The scheme has been designed to… • Protect judicial discretion • Retain, as far as possible, the current approach to sentencing in Queensland • Avoid those problems identified in relation to the NSW defined term scheme • Minimise the impact on Aboriginal and Torres Strait Islander offenders and other vulnerable groups • Target the scheme at the most serious forms of offending • Propose a scheme that is relatively unambiguous, and simple to understand and apply

16. Additional proposals • The Qld Government should ensure there is adequate investment in rehabilitation services as they apply to offenders convicted of prescribed serious violent offences and sexual offences • The scheme should apply only to offences committed after commencement of the scheme • The proposed scheme should be monitored and then evaluated after three years of operation • That appropriate data collection processes be put in place to enable an evaluation of the impacts of the scheme

17. Reference 2 – child sexual offences • Terms of Reference issued to the Council on 14 July 2011 asking it to examine and report on: • sentencing practices for offenders convicted of child sexual offences, and compare outcomes with those for sexual offences where the victim is an adult • the impact of legislative reform on sentencing practices • the factors most commonly taken into account when sentencing for these offences and the Council’s views on what factors should be most relevant, and • the Council’s views on whether there is a need for additional guidance in sentencing offenders for child sex offences • Advice due by 31 January 2012

18. Reference 2 – child sexual offences • Issues Paper to be released in early November • Call for submissions 7 November – 9 December • Consultation meetings with key stakeholders: • 22 Nov: Cairns • 23 Nov: Mount Isa • 28 Nov: Ipswich • 29 Nov: Brisbane • 30 Nov: Beenleigh • Final report to Attorney-General 31 January

19. Reference 3 – armed robbery • Terms of Reference issued to the Council on 25 July 2011 asking it to examine and report on: • sentencing practices for offenders convicted of armed robbery or attempted armed robbery, particularly where the weapon used was a firearm or a knife • the impact of legislative reform on sentencing practices • the factors most commonly taken into account when sentencing for these offences and the Council’s views on what factors should be most relevant, and • the Council’s views on whether there is a need for additional guidance in sentencing offenders for armed robbery and attempted armed robbery • Advice due by 31 July 2012

20. Research agenda • Four priority areas: • Research to support advice to the Attorney-General • Victims and sentencing • Sentencing profiles • Alternatives to imprisonment

21. Community engagement • Why engage? • Public interest in and perceptions about all things sentencing • Need for information and balance • Raise awareness about sentencing issues • Challenges of engagement in Queensland • Critical function • Must be authentic and real, and must be seen to be so

22. Who are our communities? • Government agencies • Community advocacy groups • Legal professionals and bodies • Indigenous groups • Universities and other research institutions • Children and young people, families • Older Queenslanders

23. Consultations • Use of several mechanisms – face to face meetings (roundtable and forum style), online response form, call for written submissions • Aim: to engage with key stakeholders and also gather the views of the broader community • Tailored to the specific topic

24. Engaging with Aboriginal and Torres Strait Islander communities • Council expertise • Engagement of Indigenous facilitator to make contact, to advise and to facilitate engagement • SNPP consultation – Thursday Island, Cairns, Townsville (Palm Island), Mt Isa, Cherbourg, Rockhamption (Woorabinda) • Lessons learned and opportunities for development

25. Website • Under development • Will become a central resource on sentencing in Queensland • Online response forms • Discussion forums • Calendar of events • Links to key resources in Queensland and other jurisdictions

26. Future engagement activities • Highlights: • Development of key resources such as sentencing fact sheet series • Conduct a bi-annual sentencing seminar series • Development of resources for schools, universities and other groups • Enhance involvement in Law Week • Translation of key resources into key languages other than English

27. Contact information www.sentencingcouncil.qld.gov.au Email: sac@justice.qld.gov.au Phone: 1300 461 577 Location: Level 30, 400 George Street Brisbane Qld 4000