Sentencing

Report

Let them work: how criminal justice reform can help address Australia’s worker shortage

The authors of this report argue that if Australian governments reformed sentencing so that non-violent low-risk offenders were not detained at taxpayer expense, but rather were put to work in industries which urgently need workers, this could deliver substantial benefits to taxpayers without compromising community...
Research Summary

Sentencing of offences committed by children aged under 14 in Queensland

The Queensland Sentencing Advisory Council has released this brief, which examines the sentencing of children aged 10–13 between 2005–06 to 2021–22.
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...
Report

Australia's emerging incarceration crisis: proposed reforms of the Australian sentencing system

This report examines the gulf between sentencing knowledge and practice, and makes recommendations regarding the measures that need to be undertaken to bridge that gap, so that law-makers can bring sentencing practice in line with current knowledge and make it fairer and more efficient.
Discussion paper

Double jeopardy: the economic and social costs of keeping women behind bars

This paper provides a foundational framework outlining the clear need to reform the imprisonment of women in Australia. It seeks to highlight the key issues and emphasise the urgent need to reduce rates of female imprisonment through a nationally consistent approach.
Report

Redefining reinvestment

This report is report based on research with Aboriginal communities in Bourke, Moree and Mt Druitt. It conveys their experiences of the criminal justice system and captures their perspectives on ‘reinvestment’ in New South Wales. The report also invites government to commence a process 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.
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.
Report

Can family and friends improve probation and parole outcomes? A quantitative evaluation of Triple-S: Social Supports in Supervision

This report details the results of a quantitative evaluation of a new model of probation and parole called 'Triple-S: Social Supports in Supervision'.
Report

Engendering justice: the sentencing of women and girls in Queensland

This report examines courts data for cases involving women and girls sentenced in Queensland between 2005-06 and 2018-19. It examines trends and patterns in the sentencing of women and girls, and provides insight into factors that contribute to women and girls becoming involved in the...
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

The '80 per cent rule': the Serious Violent Offences Scheme in the Penalties and Sentences Act 1992 (Qld): final report

This report presents the Queensland Sentencing Advisory Council’s findings and recommendations on its review into the operation and efficacy of the serious violent offences ('SVO') scheme under Part 9A of the Penalties and Sentences Act 1992 (Qld).
Report

Sentencing breaches of Family Violence Intervention Orders and Safety Notices: third monitoring report

This report presents police and court data on Family Violence Safety Notices (FVSNs) and Family Violence Intervention Orders (FVIOs) in Victoria. The report incorporates demographic data on affected family members/protected persons and respondents, and examines changes in sentencing practices for breach offences in the decade...
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

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

Australia's prison dilemma: research paper

Australia is putting more people in prison, despite a fall in the number of criminal offenders. This paper looks at what is driving these trends, the costs on society and whether there are alternatives to prison that still keep the community safe, but at a...
Report

Young people returning to sentenced youth justice supervision 2019–20

This report measures the number of young people who were released from a supervised youth justice sentence and who were subsequently returned—that is, young people who received another supervised sentence after the end of their initial sentence. Supervised sentences include both community-based and detention sentences.
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

Sentencing for social supply of illicit drugs in Australia

In Australia, threshold quantities of illicit drugs act as an indicator of supply offences in distinguishing traffickers from users. This analysis maps out how current sentencing practices respond to offenders involved in ‘social supply’ and ‘minimally commercial supply’ who are charged with drug trafficking.
Discussion paper

Leaving custody behind: foundations for safer communities and gender-informed criminal justice systems - issues paper

The purpose of this paper is to highlight the rising rates of women’s incarceration in Victoria and to build foundations for an alternative trajectory.
Report

Significance of culture to wellbeing, healing and rehabilitation

The purpose of this report is to collate research regarding the significance of culture to Aboriginal and Torres Strait Islander people and the significant benefits of connecting to culture, family and community as part of culturally appropriate treatment and care to promote wellbeing, rehabilitation and...
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

Sentencing sex offences in Victoria: an analysis of three sentencing reforms

This report examines sentencing outcomes for six contact sex offence types sentenced in Victoria between 2010 and 2019. It considers whether sentencing practices changed for those six offences in the 10-year period and if so, whether legislative and judicial reforms influenced the changes.