Queensland Reinstates Penalties and Sentencing Advisory Council

Thursday 2 June 2016 @ 10.30 a.m. | Crime | Judiciary, Legal Profession & Procedure | Legal Research

In the past week (on 24 May 2016), the Penalties and Sentences (Queensland Sentencing Advisory Council)Amendment Bill 2016 (the Bill) was passed through the Queensland Parliament and is now awaiting assent. The proposed legislation reinstates the body known as the "Queensland Sentencing Advisory Council" (QSAC) which was established to allow various justice experts on the Council to advise on sentencing policy matters to the Queensland Government. The reinstatement comes, after four years ago, the then Queensland government of Liberal Premier Campbell Newman dismantled the body, a legislative decision protested by the Queensland Law Society and the legal establishment.

Queensland Government's Reasons For Reinstating QSAC

In introducing the Bill, the Queensland Premier said that the Bill delivered on the Queensland government’s commitment to establishing such a Sentencing Advisory Council for Queensland:

"Promoting an understanding of our criminal justice system, and in particular our sentencing regime, is vital to ensuring public confidence in the administration of justice. The establishment of the Sentencing Advisory Council is also an important part of the process to improve the effectiveness of sentencing practices to support the principles of sentencing; namely, punishment, deterrence, rehabilitation, community protection and denunciation."

The Queensland Government's reasons for the Bill are that the sentencing of criminal offenders is "a sensitive and complex process" requiring the courts to balance a range of competing interests and as such is often a process not ". . .  readily understood and criticism is directed at sentencing decisions". In the Queensland Government's view, the establishment of the QSAC provides the government and the wider community with ". . . a valuable and independent resource that has unique and dedicated functions specific to sentencing matters."

How a Reinstated QSAC will Operate

The proposed new QSAC is to be modeled on its predecessor and the Bill sets out the QSAc’s functions - the key ones being to:

  • provide information to the wider community;
  • enhance knowledge and understanding of matters relating to sentencing; and
  • obtain the community’s views on sentencing and matters about sentencing.

Further, if asked by the Attorney-General, QSAC is to provide advice to the Attorney-General on sentencing matters. Such would be implemented by the Attorney-General providing QSAC terms of reference which QSAC would then report back on to the Government.

QSAC will, according to the Premier's second reading speech, also be able to provide its views, when requested, to the Queensland Court of Appeal if the court is considering giving or reviewing a guideline judgement:

". . . Allowing the Court of Appeal to decide whether it requires comment from the council [QSAC] is consistent with the court’s judicial discretion."

Composition and Autonomy of QSAC

According to the Premier's second reading speech, QSAC is to be ". . . an independent body comprising [of] up to 12 members appointed by the Governor in Council on recommendations of the Attorney-General". At least one member of QSAC is to be an Aboriginal or Torres Strait Islander person so as to ". . . support an understanding of the issues facing Aboriginal and Torres Strait Islander people in the criminal justice system."

The Bill requires that QSAC members represent a cross-section of the community with expertise or experience in areas relevant to the functions of the council and provides a "non-exhaustive list" of such areas, including:

  • victims of crime;
  • crime prevention and law enforcement;
  • criminal prosecutions and defence representation;
  • corrective services and juvenile justice matters;
  • justice matters relating to indigenous people; and
  • justice matters relating to domestic and family violence.

QSAC is to be independent, and responsible for the management of its own affairs, including its work plan and will be required to report on an annual basis to the Attorney-General on the performance of its functions.

In the second reading speech, the Queensland Premier indicated that QSAC is expected to be operational in the second half of 2016 and that its first reference is likely to relate to sentencing practices associated with domestic and family violence offences.

Comments and Reaction

In a media release of 25 May 2016, the Queensland Attorney-General Yvette D’Ath is reported as saying:

“Public confidence in the administration of justice is vital so it’s important to promote understanding of our criminal justice system and the sentencing process, . . . Sentencing is a complex process which requires members of our judiciary to balance competing interests such as punishment, deterrence and protecting the community with the rehabilitation of the offender . . . The Queensland Sentencing Advisory Council will help explain sentencing to the wider community and seek Queenslanders’ views on sentencing related matters."

The Queensland Law Society who, as Lawyers' Weekly reports, renewed its call for QSAC’s reinstatement earlier this year, saying QSAC was critical to the state’s justice system, has praised the Government's move to reinstate QSAC.

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.

Sources:

Penalties and Sentences (Queensland Sentencing Advisory Council) Amendment Bill 2016 and 2nd Reading Speech and Notes as report in the TimeBase LawOne Service.

Sentencing Council reinstated in Queensland (AGs Media Release, 25 May 2016)

Resurrection of Qld Sentencing Advisory Council welcomed (Lawyers Weekly 27 May 2016)

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