Presentation Transcript

1. New(?) Directions in Adult & Juvenile Sentencing in Australia

   Christine Bond Samantha Jeffries Griffith University
2. Recent sentencing policy & “reform” Punitive or accountability shifts Populist policy making Lack of public confidence in the courts Proportionality being eroded by “danger” Sentencing Advisory Councils (New South Wales & Victoria; disbanded in Queensland) Engage public Provide information
3. Recent sentencing policy & “reform” Sentencing guidelines, sentencing grids and presumptive guidelines Not high on the law reform agenda Brief “experiments” with sentencing (guideline) judgements Mandatory sentences Not common Typical examples: mandatory minimum parole periods; mandatory minimums that escalate with further offending for particular offence types
4. Sentencing “reforms” Types of orders Examples… Removal of suspended sentence options Fairly recent introduction of intensive correctional orders Standard non-parole periods Additional powers to add conditions to sentencing orders for particular types of offenders Process of sentencing Examples… Problem-solving courts Indigeneous Courts/Circle sentencing Indigenous community justice groups
5. Sentencing of Youth Increasing punitiveness in treatment of young offenders: Increased punitiveness more discretion Example, Queensland: Boot camps; Graffiti orders Proposed increase in mandatory minims Proposed naming & shaming laws Proposed removal of detention as last resort Removal of court ordered family conferences No youth problem-solving courts Example, NSW: Provisional sentencing (homicide)
6. Final thoughts… What is the empirical evidence? Lack of meta analyses Types of evaluations What do we mean by “what works?” Focus on reoffending but is this what really or always matters? How to engage meaningful debate? Public Media