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New(?) Directions in Adult & Juvenile Sentencing in Australia Christine Bond Samantha Jeffries Griffith University.

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Presentation on theme: "New(?) Directions in Adult & Juvenile Sentencing in Australia Christine Bond Samantha Jeffries Griffith University."— Presentation transcript:

1 New(?) Directions in Adult & Juvenile Sentencing in Australia Christine Bond Samantha Jeffries Griffith University

2  Punitive or accountability shifts  Populist policy making  Lack of public confidence in the courts  Proportionality being eroded by “danger”  Sentencing Advisory Councils (New South Wales & Victoria; disbanded in Queensland)  Engage public  Provide information Recent sentencing policy & “reform”

3  Sentencing guidelines, sentencing grids and presumptive guidelines  Not high on the law reform agenda  Brief “experiments” with sentencing (guideline) judgements  Mandatory sentences  Not common  Typical examples: mandatory minimum parole periods; mandatory minimums that escalate with further offending for particular offence types Recent sentencing policy & “reform”

4 Sentencing “reforms” Process of sentencing Examples…  Problem-solving courts  Indigeneous Courts/Circle sentencing  Indigenous community justice groups Types of orders Examples…  Removal of suspended sentence options  Fairly recent introduction of intensive correctional orders  Standard non-parole periods  Additional powers to add conditions to sentencing orders for particular types of offenders

5 Sentencing of Youth Increasing punitiveness in treatment of young offenders: Increased punitiveness  more discretion  Example, Queensland:  Boot camps; Graffiti orders  Proposed increase in mandatory minims  Proposed naming & shaming laws  Proposed removal of detention as last resort  Removal of court ordered family conferences  No youth problem-solving courts  Example, NSW:  Provisional sentencing (homicide)

6  What is the empirical evidence?  Lack of meta analyses  Types of evaluations  What do we mean by “what works?”  Focus on reoffending but is this what really or always matters?  How to engage meaningful debate?  Public  Media Final thoughts…


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