Sentencing bench book nsw department

The judicial commission of nsw welcomes your feedback. The rules and procedures for sentencing offenders in nsw are contained in crimes sentencing procedure act 1999 or the act. The sentencing benchbook has not been updated since april 2017. A collection of the most commonly used information, contacts and tools for criminal law in south australia. Different provisions apply depending on whether the court imposes a sentence for a single offence or an aggregate sentence, and whether the offence is in the standard non. For more information about the council, please visit the nsw sentencing council website. It examines community perspectives and the role that community members play in circle court. Mr donnelly is a solicitor who will bring an exceptional depth of knowledge in criminal law to the bench of the local court, having been at the. Nsw government bulletin 3 october 2018 holding redlich. A criminal lawyers toolkit that puts legislation, rules, courts, cause lists, police, legal aid and other bodies in south australia at your fingertips.

This can be made as an order ancillary to a criminal conviction. Update 42, september 2018 available sentencing options have significantly changed following the commencement of the crimes sentencing procedure amendment sentencing options act 2017 on 24 september 2018. Sentencing guideline judgments high range pca application by attorney general under s 37 of the crimes sentencin g procedure act for a guideline judgment concerning the offence of high range prescribed content of alcohol under section 94 of the road transport safety and traffic management act 1999 no. Armidale, blacktown, bourke, brewarrina, dubbo, kempsey, lismore, moree, nambucca valley, mt druitt, nowra and walgett. Contains commentary on five key sentencing statutes and on sentencing law for specific offence categories. Preliminaries agreement for use currency foreword introduction disclaimer special bulletins procedural and evidential matters procedural fairness 1200 obligations of the parties 1400 fact finding at sentence 2000 crimes sentencing procedure act 1999 2000 application of the act 2200 purposes of sentencing 3000 penalties that may be imposed. Intensive correction orders ico, community correction orders cco. Conditional release orders cro 1 but only if accumulated upon another sentence being served by ico s71 and subject to the overall length limit of 3 years.

Civil trials bench book intentional torts false imprisonment. This booklet aims to help victims of crime understand the sentencing process. Criminal trial courts bench book judicial commission of. In some circumstances, the judge is able to enhance or reduce a sentence based upon factors specific to the crime and the defendant. Circle sentencing is currently available in 12 locations. Equality before the law bench book 11 september 2019 the equality before the law bench book is produced as a guideline only and is not intended to lay down or develop any principles of law sentencing bench book 5 september 2019 the text of the sentencing bench book reflects the law as it stands at any given time. Available sentencing options have significantly changed following the commencement of the crimes sentencing procedure amendment sentencing options act 2017 on 24 september 2018. Adult court bench book judicial college 2 may 2015 criminal behaviour orders cbo 1.

Judicial commission of nsw, sentencing bench book 2018. Section 21a factors in addition to any act or rule of law. Setting terms of imprisonment judicial commission of new. The criminal benchbook committee writes the criminal benchbook distributed to judges who exercise criminal jurisdiction. Criminal behaviour orders cbo replaced antisocial behaviour orders asbo with effect from 20 october 2014. The judicial commission of nsws director of research and sentencing, hugh donnelly, has been appointed as a magistrate of the local court of nsw, attorney general mark speakman announced today. A department of corrective services officer has advised the judicial. Sentencing bench book and equality before the law bench book are published. Family impact statements and sentencing homicide cases. To date, there have been more than 700 defendants who have come before the circle sentencing court in nsw. Nsw sentencing bench book for the latest update, see update 38, july 2017 services for people with disability at ncat ncat has developed new resources ncat support for people with disability and can you. The functions of the sentencing council are set out in the crimes sentencing procedure act 1999 nsw and include.

Sentencing bench book judicial commission of new south wales. Penalties and sentencing for breach of protection orders. Department of justice wa, equal justice bench book 2nd edition september 2017. In 200809 the nsw offender rate was above the national average for. Identify issues and oversee the work of the criminal trial courts bench book committee to ensure that bench book contains up to date suggested directions to juries. Courts have better information about offenders at the time of sentencing to help tailor. Penalties and sentencing for breach of protection orders alrc. Sentencing judicial commission of new south wales nsw.

Update 10, 2016 mr hugh donnelly, director, research and sentencing, judicial commission of nsw update 10, 2016 ms pierrette mizzi, manager, research and sentencing, judicial commission of. Lawaccess nsw is a free government telephone service that provides legal information, referrals and in some cases, advice for people who have a legal problem in nsw. The primary object of the sentencing bench book is to assist sentencers. The new south wales sentencing council consists of up to sixteen members, appointed by the attorneygeneral for a fixed term, who are selected based on their experience and expertise in different aspects of the justice system. General sentencing principles criminal lawyers sydney. As a result, there has been a major revision of the sections of the sentencing bench book dealing with communitybased sentencing options. The nsw sentencing council independently and impartially advises the attorney general on sentencing matters. Sep 24, 2019 equality before the law bench book 11 september 2019 the equality before the law bench book is produced as a guideline only and is not intended to lay down or develop any principles of law sentencing bench book 5 september 2019 the text of the sentencing bench book reflects the law as it stands at any given time. Sentencing bench book communitybased orders generally quick reference guide to sentencing reforms updated 12. Issues taken into account in sentencing for information on the main issues that judges and magistrates take into account when sentencing an offender, see judge for yourself.

Clare ringland and don weatherburn, the impact of intensive correction orders on reoffending 20 176 crime and justice bulletin 1. In order to avoid clumsy repetition, the word court is used to mean all nsw law. Carters criminal law of queensland contains an annotated penalties and sentences act 1992 which is updated regularly. These include the establishment of a national family violence bench book, a national audit of family violence training and best. Sentencing bench book update 45 published judicial. Practice notes pn sc gen 17 practice note sc gen 17 supreme court representative proceedings. Criminal trial courts bench bookupdate 61 2august 2019. Part 4 div 1 crimes sentencing procedure act 1999 ss 4454, inclusive contains provisions for setting terms of imprisonment, including nonparole periods, the conditions relating to parole orders, and fixed terms. Sentencing after a criminal defendant is convicted or pleads guilty, a judge will decide on the appropriate punishment during the sentencing phase of a criminal case. Judicial commission of new south wales gpo box 3634 sydney, nsw 2001 dx 886. A statistical snapshot of crime and justice in new south wales 7 theft, frauddeception, property damage, and miscellaneous offences.

In september 2018, reforms to strengthen communitybased sentencing commenced. The use of guidance in a national bench book on family violence is addressed below. For information on the main issues that judges and magistrates take into account when sentencing an offender, see sentencing bench book a guide to sentencing in australia published by the judicial commission of australia. Leader in judicial education appointed as a magistrate. Guidance for sentencing for breaches of protection orders.

Sentencing bench book section 21a factors in addition to any act or rule of law 1 section 21a aggravating and mitigating factors 11010 legislative background and purpose of s 21a section 21a1c any other objective or subjective factors. William buxton june 2019 sentencing bench book nsw judicial commission link to nsw judicial commission website sentencing in serious criminal matters eric wilson sc february 2010 link to pd website. Aboriginal, torres strait islander and other first nations people are advised that this catalogue contains names, recordings and images of deceased people and other content that may be culturally sensitive. Sentencing is a complex process which balances competing community interests, including the need to punish offenders as well as. Circle sentencing of aboriginal offenders indigenous. The changes aim to make the community safer by holding offenders to account and reducing reoffending. Nsw caselaw publishes judgments and decisions of all new south wales courts and tribunals administered by the department of justice. Department of justice and attorneygeneral specifically victim assist queensland, courts innovation program unit, and the coroners court of queensland, queensland corrective services, the queensland supreme court library, and the queensland law society for their assistance in the compilation of the queensland sentencing guide. Chief executive judicial commission of new south wales gpo box 3634 sydney, nsw 2001 dx 886 sydneyphone. Sentencing bench book judicial commission of new south. Department of justice is now the department of communities and justice. Publications judicial commission of new south wales. More offence categories will be added where required. Circle sentencing operates on the belief that crime is broader than one person.

The text of the sentencing bench book reflects the law as it stands at any given. Sentencing in criminal cases local court of new south wales. Oct 03, 2017 7 nsw crimes sentencing procedure regulation 2017 8 nsw crimes administration of sentences act 1999 no 93 9 nsw. Benchbooks for queenslands courts including supreme and district courts, equal treatment and domestic and family violence protection. If you wish to contact us, please call 02 9299 4421 and follow. The sentencing bench book, like any looseleaf service, is a work in progress. As a result, there has been a major revision of the sections of the sentencing bench book dealing with. Recommendation 128 the national family violence bench book see recs 1 and 312 should contain a section guiding courts on how to sentence offenders for breach of protection orders, addressing, for example the purposes of sentencing an offender for breach of a protection order. Benchbook on sentencing supreme court library queensland. Annual report 20062007 published the sentencing bench book which will greatly assist judicial officers in imposing sentences, promote consistency in sentencing and enhance public confidence in the judiciary. The text of the sentencing bench book reflects the law as it stands at any given time. Civil cases can be settled in a number of ways, including through court civil judgments and enforcement orders. By downloading the pdf version and opening the sentencing bench book. A statistical snapshot of crime and justice in new south wales 73.

Here is a general outline of some of the most important sentencing rules and procedures. Dpp nsw v jones 2017 nswcca 164 new south wales law reform commission, sentencing, report 9 20. Lawaccess nsw is a free government telephone service that provides legal information, referrals and in some cases, advice for people who have a legal problem in new south wales. Any application will made by the prosecuting authority. The judicial commission of nsw s director of research and sentencing, hugh donnelly, has been appointed as a magistrate of the local court of nsw, attorney general mark speakman announced today. Sentencing bench book update 40 published judicial commission. Take care to check the most up to date version of legislation when sentencing offenders. Before starting any court proceedings you should check which court or tribunal is right for your matter. Family impact statements and sentencing homicide cases, may. Judicial commission of new south wales gpo box 3634 sydney, nsw 2001 dx 886 sydneyphone. In line with nsw government policy, this office is currently closed to the public.

Law and justice sclj as requiring a national approach and nsw is currently working with all other states and territories and the commonwealth on finalising an approach to those recommendations. This section provides information to assist in understanding the sentencing process. Sentencing national domestic and family violence bench book. I trust that judicial officers, practitioners and anyone interested in sentencing will find the sentencing bench book to be both informative and useful.

Sentencing bench book update 44 judicial commission of nsw. The equality before the law bench book is produced as a guideline only and is not intended to lay down or develop any principles of law. Using this bench book the contents of this bench book the information in this bench book covers the entire nsw court system criminal and civil, and all levels of courts. This paper outlines the principles of circle sentencing.