The Attorney General has asked the Law Reform Commission to review the Crimes (Sentencing Procedure) Act 1999 (NSW). The Terms of Reference are set out below.

This is a large scale project. We are asked to report in October 2012.

Question papers
We are releasing a series of question papers to seek your views on sentencing. The first group of papers, Question Papers 1-4, addresses some of the fundamental issues relating to the sentencing of offenders, including the purposes of sentencing, common law sentencing principles, the factors that a court must take into account on sentence and other discounting factors. The closing date for submissions on Question Papers 1 to 4 is 4 June 2012.
We intend to release further question papers in May 2012 which will address greater flexibility in combining sentencing options, introducing new sentencing options, alternatives to imprisonment, the structures of full-time imprisonment and jurisdictional and procedural issues.

Standard Minimum Non-parole Periods
At the present time, the Attorney has requested an urgent report on Standard Minimum Non-Parole Periods. The Sentencing Council has produced a background report on this subject - Standard Non-parole Periods: A background report by the NSW Sentencing Council. The Commission called for urgent submissions by 16 April 2012. The report is now being finalised.

Outline paper and preliminary submissions
As a first step we called for preliminary submissions about ways of simplifying the law and making it more consistent and transparent, and the main issues in sentencing law that should be the focus of investigation and review. We produced an outline paper, that set out the background to the reference and our processes, to assist in consideration of the issues raised by the terms of reference. The deadline for preliminary submissions was 31 October 2011. Preliminary submissions received in response to the terms of reference may be viewed here. We will use these submissions to focus our review. We intend to engage in further consultation on the detailed issues raised.

Further details
To assist submitters and provide background, the following resources and links are provided.

The contact for this reference is Joseph Waugh, Senior Law Reform Officer, NSW Law Reform Commission: Contact details

See also: Digest

Terms of reference: Pursuant to section 10 of the Law Reform Commission Act 1967, the Law Reform Commission is to review the Crimes (Sentencing Procedure) Act 1999. In undertaking this inquiry, the Commission should have regard to:

1. current sentencing principles including those contained in the common law
2. the need to ensure that sentencing courts are provided with adequate options and discretions
3. opportunities to simplify the law, whilst providing a framework that ensures transparency and consistency
4. the operation of the standard minimum non-parole scheme; and
5. any other related matter.

[Received 21 September 2011]