Criminal law
NARROWER TERMS
Report
Pre-sentence reports for Aboriginal and Torres Strait Islander people: an analysis of language and sentiment
Pre-sentence reports (PSRs) provide information to courts on an individual’s background, circumstances, risks, needs and plans. This study describes the language and sentiment in these reports. The authors studied PSRs written for Aboriginal and/or Torres Strait Islander people sentenced by the mainstream County Court of...
Discussion paper
Reforming sentence deferrals in Victoria: consultation paper
The Victorian Sentencing Advisory Council is seeking submissions on the questions posed in this consultation paper. The Council intends to use submissions, and the results of consultations, to make recommendations about the use of sentence deferral in Victoria.
Briefing paper
"No body, no parole" laws
This briefing paper puts the proposed New South Wales 'no body, no parole' law reforms in context, reviews similar laws in Australia and other jurisdictions, and outlines the reasons for, and criticisms of, the reforms.
Report
The crime of criminalising everyday life: the rule of law discarded in Victoria's COVID-19 response
The criminal law was the main instrument employed by the Victorian government to force Victorians to comply with the strictest COVID-19 lockdown in the world. This report argues that the criminal law should never again be used as a blunt instrument of oppression to achieve...
Report
Stalking: final report
This report is the first Australian inquiry into non-family violence stalking laws. It contains 45 recommendations to improve the ways that the justice system treats people who have experienced stalking in a non-family violence context.
Report
Long-term sentencing trends in Victoria
This report reviews 20 years of data in the Council's 'Sentencing Snapshots' to identify changes in sentencing practices in the higher courts for a select number of offences.
Discussion paper
Reforming adjourned undertakings in Victoria: consultation paper
The purpose of this consultation paper is to consider potential options for increasing and improving the use of adjourned undertakings in Victoria.
Report
Should media coverage affect sentencing?
This report explores the approaches of Australian sentencing courts towards adverse media coverage and the significant consequences it can have for offenders. It reveals why and when media coverage might be a relevant sentencing consideration. The aim of the report is to draw attention to...
Report
Raising the minimum age of criminal responsibility: law reform considerations
This advisory report considers the legal implications of raising the minimum age of criminal responsibility in Tasmania from its present statutory prescription of 10 years old (with a 14-year-old presumption of criminal incapacity).
Briefing paper
Age of criminal responsibility
This e-brief provides an overview of the current law regarding the age of criminal responsibility in New South Wales.
Report
Sentencing stalking in Victoria
This report provides an in-depth analysis of how Victorian courts sentence stalking offences contrary to section 21A of the Crimes Act 1958 (Vic). It considers the demographics of stalkers, the relationship between stalking offenders and victims, the sorts of stalking behaviours sentenced in Victorian courts...
Report
Sentencing breaches of Personal Safety Intervention Orders in Victoria
This report analyses data on personal safety intervention orders (PSIOs) in Victoria from 2011 to 2020. It aims to assist the Victorian Law Reform Commission with its inquiry on responses to stalking.
Discussion paper
Discussion paper: implementation considerations should coercive control be criminalised in South Australia
The Attorney-General's Department has released this discussion paper exploring the measures needed to support the implementation of a criminal offence of coercive control, should it be introduced in South Australia.
Briefing paper
Crimes Legislation Amendment (Sexual Consent Reforms) Bill 2021
This paper provides a brief overview of the current law in NSW in relation to sexual consent, as well as some background to the proposed reforms.
Discussion paper
The ‘80 per cent rule’: the serious violent offences scheme in the Penalties and Sentences Act 1992 (Qld) - issues paper
This issues paper has been prepared to gather and present information about the serious violent offences scheme to assist stakeholders and community members to provide their views to the Queensland Sentencing Advisory Council on the scheme and options for reform.
Report
Review of the service system and implementation requirements for raising the minimum age of criminal responsibility in the Australian Capital Territory: final report
The ACT Legislative Assembly has committed to raising the minimum age of criminal responsibility. This report identifies opportunities for reform to achieve improved outcomes for children and their families. It also proposes an alternative response to meet the needs of children affected by the changing...
Report
Sentencing older offenders in Victoria
This report studies sentencing outcomes from 2010 to 2019 for offenders sentenced when aged 60 and over in Victoria. The report reviews the relevance of age to sentencing and investigates the prevalence of sentenced older offenders in the state.
Report
Report of the Inquiry into the use of cannabis in Victoria
This report on the Inquiry into the use of cannabis in Victoria is the result of extensive research and community consultation by the Legislative Council Legal and Social Issues Committee. This inquiry examined how Victorian cannabis policy can be improved.
Report
Threat offences in Victoria: sentencing outcomes and reoffending
This report presents the first empirical analysis of 'threat offences' recorded and sentenced in Victoria, along with an analysis of the offending trajectories of sentenced threat offenders.
Report
New York State’s Trump Investigation: an analysis of the reported facts and applicable law
This report analyses the potential charges both the Trump Organisation and Donald Trump himself may face. The report also goes in depth into the defenses that may be available in response to any indictment.
Discussion paper
Stalking: consultation paper
This consultation paper has been released to assist the VLRC to review and report on Victoria’s legal responses to stalking, harassment and similar conduct, including the statutory framework for and operation of the Personal Safety Intervention Order (PSIO) system.
Report
Sentencing for child homicide offences: assessing public opinion using a focus group approach
Public opinion about sentencing is notoriously difficult to assess. Building on the existing literature on public attitudes to the criminal justice system, this study aims to explore community views on this issue using a focus group methodology.
Report
Serious offending by people serving a Community Correction Order: 2019–20
This report analyses the number of people sentenced in 2019–20 for committing a serious offence while serving a community correction order (CCO). Also available is a complete list of serious offences current between 16 January 2012 and 30 June 2020.
Report
Crime, justice and social capital in the Torres Strait region
Torres Strait Islanders had a strong sense of themselves as composed of distinct peoples and cultures different from those of the mainland. This report examines the extent of crime occurring and how justice is practised in the Torres Strait Islands.
Strategy
Building back better: Victorian Aboriginal Legal Service COVID-19 recovery plan
This strategy document identifies key issues and makes targeted recommendations across criminal, civil and family law – with the objective of ensuring Aboriginal people are not left behind.