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The work of the Queensland Sentencing Advisory Council

The work of the Queensland Sentencing Advisory Council. Anne Edwards, Director. Qld Sentencing Advisory Council. Established in December 2010 by amendment to the Penalties and Sentences Act 1992 (Qld)

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The work of the Queensland Sentencing Advisory Council

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  1. The work of the Queensland Sentencing Advisory Council Anne Edwards, Director

  2. Qld 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 people facing the criminal justice system, law enforcement, criminal prosecutions, civil liberties, etc. • Chair: Professor Geraldine Mackenzie • Deputy Chair: Nicholas Tucker

  3. Membersof the Council • John Allen, Public Defender, LegalAid • 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. Functionsof 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. Functionsof 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. The Council: • 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)

  7. Council’s work program • Terms of Reference issued by the Attorney-General • Research agenda • Community engagement strategy

  8. Reference 1 – Minimum SNPPs • In Oct 2010, the Qld Government announced it would introduce minimum standard non-parole periods (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 • when a court should be able to set a higher or lower non-parole period than the SNPP • Council required to report by 30 September 2011

  9. Reference 2 – child sexual offences • Terms of Reference issued 14 July 2011 on: • sentencing practices for child sexual offences • comparison of sentencing outcomes for sexual offences where victim was an adult vs a child • the impact of legislative reform on sentencing • factors most commonly taken into account when sentencing and the Council’s view on what factors should be most relevant • whether there is a need for additional guidance in sentencing child sex offences • Council required to report by 31 January 2012

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

  11. The Council’s approach • Initial information gathering (inc initial meetings or roundtables) • Produce Consultation Paper (and companion Research Paper) • Call for submissions (inc media release and online response form) • Conduct consultation meetings with key stakeholders • Final legal issues roundtable • Draft and finalise Final Report

  12. Research agenda Four priority areas: • Research to support advice to the Attorney-General • Sentencing profiles • Victims and sentencing • Alternatives to imprisonment (justice reinvestment)

  13. Community engagement: Why engage? • Public interest in and perceptions about all things sentencing • Need for information and balance • Raise awareness about sentencing issues • Critical function • Must be authentic and real

  14. Challenges of engaging in Qld • Size and population concentration in SEQ • Complexity of information • Appropriate targeting of information • Consultation fatigue • Managing expectations • Barriers to involvement • Addressing and managing vested interests • Reporting back • Resource intensive

  15. Who are our stakeholders? • Government agencies • Community advocacy groups • Legal professionals and bodies • Aboriginal and Torres Strait Islander groups • Vulnerable groups (mental illness, cognitively impaired) • Universities and other research institutions • Victims and offenders

  16. Engaging with Aboriginal and Torres Strait Islander communities • Council expertise – Aboriginal and Torres Strait Islander representative • Engaged Indigenous facilitator to contact stake-holders, advise and facilitate engagement • SNPP consultations – Thursday Island, Cairns, Townsville (Palm Island), Mount Isa, Cherbourg, Rockhampton (Woorabinda) • Lessons learned • Development of Indigenous engagement strategy currently underway

  17. Website (www.sentencingcouncil.qld.gov.au) • Ongoing improvement and development • Will become a central resource on sentencing in Queensland • Research papers, issues papers, consultation information, final reports • Council newsletters, sentencing news – ‘Sentencing Advisor’ • Links to key resources in Queensland and other jurisdictions • Online response forms

  18. Future engagementactivities Highlights: • Key resources - sentencing fact sheets and sentencing profiles • Sentencing seminar series with guest speakers • Enhanced involvement in Law Week • Ongoing consultations • Informing the community about our work through media

  19. 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

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