Sentencing of federal offenders: Stage II
| Published date | 01 December 1984 |
| DOI | 10.1177/000486588401700407 |
| Date | 01 December 1984 |
| Subject Matter | Original Articles |
276
(1984)
17
ANZJ Crim
SENTENCING OF FEDERAL OFFENDERS: STAGE
II
Background Statement
In
1980
the Australian Law Reform Commission completed aReport, Sentencing
of
Federal Offenders (ALRC 15, Interim) in which anumber of proposals were
made for sentencing reforms. Some of these proposals have been enacted in the
Crimes Amendment Act
1982
(Cth). Anumber of important proposals were made
in relation to aSentencing Council, Parole, Appeals to the Federal Court of
Australia, prison conditions and grievances and compensating victims of crime. A
formidable list
of
items potentially remains to be considered: areview of the
criminal justice system in the Australian Capital Territory and in particular the issue
whether correctional institutions should be provided in the ACT, collection of
sentencing data for Australia, plea bargaining, judicial review of prosecutorial
discretion, fines and means inquiry, deportation, restitution and compensation
orders, criminal bankruptcy, pecuniary penalties, non-custodial sentences,
pardons, migrant offenders, white collar offenders, mentally ill offenders, women
offenders, Aboriginal offenders, children and young persons, military offenders,
drug offenders, dangerous offenders, the role of aprosecutor in sentencing,
pre-sentence reports and the factual basis in sentencing. In addition, an issue of
fundamental importance for consideration of the Commission will be a
Commonwealth Act, incorporating the general provisions of Commonwealth law
governing the punishment of Commonwealth and Territorial offenders. The
Commission proposes to append to its final Report aBill to translate into legislative
form the final recommendations
on
the matters dealt with in
ALRC
15, the matters
relevant to punishment ofpersons convicted
of
offences against the laws ofthe
ACT
and the matters abovementioned.
Recently Mr George Zdenkowski, aSenior Lecturer in Law in the University of
NSW, has been appointed afull-time member of the Commission to take charge of
the Sentencing Reference and to revive work on it.
Of
immediate concern to the Commission
will
be the commencment of
thoroughgoing consultation processes to obtain feedback in relation to important
matters raised in the Interim Report (ALRC 15). In addition comments and
submissions are invited in relation to the matters which will be dealt with by the
Commission in its forthcoming research programme. As the work of the
Commission proceeds in relation to this second aspect and discussion papers
become available, it
is
hoped to consult widely within the community including the
relevant professional associations.
In the meantime any correspondence may be directed to: George Zdenkowski,
The Law Reform Commission, Po Box 3708, Sydney NSW 2001.
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