The judicial commission of new south wales is an independent statutory corporation of the new south wales government that provides sentencing information. Any application will made by the prosecuting authority. One of the commissions principal functions is to assist the courts to achieve consistency in sentencing. To promote the development of further guideline judgments, the nsw government has indicated it is considering allowing the court to establish guidelines without linking them to. For information on the main issues that judges and magistrates take into account when sentencing an offender, see sentencing bench book a guide to sentencing in australia published by the judicial commission of australia.
Adult court bench book foreword by the honourable mrs justice dobbs dbe since the last adult court bench book was updated in 2008, the jsb has received considerable feedback from magistrates on its content and format. Sentencing bench book judicial commission of new south wales sentencing. Published information about the new communitybased sentences in the sentencing bench book and local court bench book before they commenced. Adult court bench book and pronouncement cards courts. Sentencing guideline judgments high range pca application by attorney general under s 37 of the crimes sentencin g procedure act for a guideline judgment concerning the offence of high range prescribed content of alcohol under section 94 of the road transport safety and traffic management act 1999 no. This provides information on various sentencing principles and provisions and their application in. Jan 15, 2020 sentencing bench book, judicial commission of nsw providing ready access to sentencing law, this publication incorporates many years of research about sentencing acquired by officers of the judicial commission of new south wales. Health professional councils bench book first draft.
The judicial commission sentencing benchbook says at 10450. The judicial sentencing discretion is also affected by the recent decision of the new south wales court of criminal appeal to issue its first formal guideline judgment. Judicial commission of nsw, sentencing bench book, 6. Judicial education bodies or courts providing courts with specialist sentencing checklists and bench books, such as the western australian aboriginal bench book or the nsw judicial commissions equality before the law bench book and its queensland equivalent. Civil trials bench bookupdate 40december 2019 agreement. For more than a decade, he has convened the criminal trial courts bench book committee and made contributions to the book. Schedule 3 to the bill amends the crimes administration of sentences act 1999.
Sentencing bench book update 44 judicial commission of new. Publications judicial commission of new south wales. In line with nsw government policy, this office is currently closed to the public. Parliament to nominate 2 lay members to sit on conduct divisions when established by commission. The sentencing bench book, to be released in october 2006, will play a key role in keeping judicial officers up to date with sentencing law and practice. Mar 22, 2019 the hon t f bathurst ac chief justice of new south wales law council of australia directors dinner not a master, but a teacher. Judicial commission of nsw, sentencing bench book 2015. The commissions support the production of a model bench book, in consultation with jurisdictions, and as part of a national professional development program for judicial officers on family violence. The kind permission of the judicial commission of nsw, to reproduce substantial portions of its publication on this topic in that commission s sentencing bench book, is acknowledged. They aim to provide judicial officers with a diverse range of professional reference information to assist them in the performance of their judicial functions. Criminal behaviour orders cbo replaced antisocial behaviour orders asbo with effect from 20 october 2014. The judicial commission of nsw s work is designed to enhance public confidence in the judiciary by promoting the highest standards of judicial behaviour and decision making. For example, the judicial commission of nsw and the judicial college of victoria each produce sentencing bench books.
A further letter from the attorney general formally requested that the sentencing council prepare a report on this issue. Annual report 20062007 published the sentencing bench book which will greatly assist judicial officers in imposing sentences, promote consistency in sentencing and enhance public confidence in the judiciary. The commission does not warrant or represent that the information contained within this publication is free of errors or omissions. Generally, illhealth will be a factor tending to mitigate punishment only when it appears that imprisonment will be a greater burden on the offender by reason of his or her state of health, or when there is a. The judicial commission is unable to accept credit card payments by fax, mail or phone. National judicial college of australia current issues in. Guideline judgments might contain guidelines that apply generally, or guidelines that apply to specific courts, to specific offences, or to specific classes of offenders. Adult court bench book august 2017 sentencing council. Judicial commission of nsw annual report 201819 1 our structure, strategic direction. Clare ringland and don weatherburn, the impact of intensive correction orders on reoffending 20 176 crime and justice bulletin 1. Chief executive judicial commission of new south wales gpo box 3634 sydney, nsw 2001 dx 886 sydneyphone. Adult court bench book judicial college 2 may 2015 criminal behaviour orders cbo 1.
Benchbook 2014 5 crime class statute page burglary 1st degree class c felony violent 11826 41 burglary 1st degree vt 62 y. Senate standing committee on legal and constitutional affairs, parliament of australia, inquiry into the value of a justice reinvestment approach to criminal justice in australia 20 36 4. The judicial commission of nsw s director of research and sentencing, hugh donnelly, has been appointed as a magistrate of the local court of nsw, attorney general mark speakman announced today. Crown court compendium updated december 2019 courts. The judicial commission s publications cover criminal law, sentencing, judicial administration, practice and procedure, and social context issues.
The provision and use of these codes enables new south wales justice sector agencies to exchange information and improve the integrity of information about offences. Delaware sentencing accountability commission benchbook 2014. The judicial commission, an independent statutory corporation, is part of the judicial arm of government. Schedules 1 and 2 to the bill amend the crimes sentencing procedure act 1999. This bench book provides nsw judicial officers with statistics and information about the different values, cultures, lifestyles, socioeconomic disadvantage andor potential barriers in relation to full and equitable participation in court proceedings for nine different groups of people.
Judicial information research system jirs judicial commission. The commission provides a continuing education program for the judicial officers of nsw. Crimes sentencing procedure act 1999 nsw s 152, which expresses the maximum fine in terms of penalty. Equality before the law bench book launched in june and sentencing bench book in september. Identify issues and oversee the work of the criminal trial courts bench book committee to ensure that bench book contains up to date suggested directions to juries. Sentencing national domestic and family violence bench book. Preliminaries agreement for use currency foreword introduction disclaimer special bulletins procedural and evidential matters procedural fairness 1200 obligations of the parties 1400 fact finding at sentence 2000 crimes sentencing procedure act 1999 2000 application of the act 2200 purposes of sentencing 3000 penalties that may be imposed. If you wish to contact us, please call 02 9299 4421 and follow. Commission celebrated 20 years of successful operations. Sentencing bench book judicial commission of new south. Dpp nsw v jones 2017 nswcca 164 new south wales law reform commission, sentencing, report 9 20. Other items such as nsw tickets and passes, nsw posters and nsw souvenirs are also available.
Sentencing in criminal cases local court of new south wales. The civil trial courts bench book, to be released in mid 2007, will provide information about procedural matters and developments in civil law. Sentencing bench book judicial commission of new south wales. Sentencing guidelines as promulgated by the nsw court of criminal appeal are not binding. The judicial commission of nsw welcomes your feedback. Partial defences in new south wales 1900 to 1993 sentencing trends 8.
Judicial officers and the judicial commission of nsw this bench book was produced by the judicial commission of nsw at the request of chief justice spigelman. The judicial commission of new south wales is an independent statutory corporation of the new south wales government that provides sentencing information and continuing education to and examines complaints made against judicial officers in new south wales, australia the commission is headed by the chief justice of new south wales, presently tom bathurst, and consists of the heads of each of. Judicial commission of new south wales compliance letter to attorney general the honourable t bathurst ac. The text of the sentencing bench book reflects the law as it stands at any given. Making use of the bar book in sentence and section 32. Peter johnson sc, in a paper delivered to the judicial commission of nsw, reforms to nsw sentencing law the crimes sentencing procedure amendment standard minimum sentencing act 2002 argues that s3a does not involve any significant alteration of the common law purposes of sentencing. Domestic and family violence bench book national bench book as to sentencing principles.
Sentencing question papers nsw law reform commission. During his 14 years at the judicial commission, mr donnelly has written key publications that provide guidance to the judiciary, including the sentencing bench book. Premiers priority to tackle domestic violence reoffending in new south wales. Judicial commission of nsw sentencing bench book custodial and noncustodial communitybased orders clare ringland and don weatherburn, the impact of intensive correction orders on reoffending nsw bureau of crime statistics and research, december 20. The judicial commission of nsw, an independent statutory corporation, is part of the judicial arm of government. Sentencing considerations for commonwealth offences prepared. The judicial commission of nsw is an independent statutory corporation established under the. The lawcodes database provides unique codes for all new south wales offences and commonwealth offences dealt with in new south wales. Mr donnelly is a solicitor who will bring an exceptional depth of knowledge in criminal law to the bench of the local court, having been at the. Sentencing judicial commission of nsw nsw government. This feedback has been carefully considered, and it was concluded, that the bench book should be. I would first like to acknowledge the traditional custodians of the land on.
Illinois street, suite 800 indianapolis, in 46204 view map and driving directions. Listening to victims australasian institute of judicial. The new south wales sentencing council is an advisory body established by the new south wales government to provide guidelines and to promote consistency in sentencing of offenders in new south wales, a state of australia. This can be made as an order ancillary to a criminal conviction. Judicial commission of nsw, sentencing benchbook, 1130 nsw sentencing council, penalties relating to sexual assault offences in new south wales, report 2008 vol. The judicial commissions publications cover criminal law, sentencing. This dvd has been designed with judges, advocates and experts in. Promote collaboration and cooperative relationships with individuals.
The commission publishes the sentencing bench book, among other resources aimed at assisting judicial officers to conduct trials. Our strategic plan provides the framework for our operations. The judicial commissions publications cover criminal law, sentencing, judicial administration, practice and procedure. Judicial commission of nsw, sentencing bench book 2018. Issues taken into account in sentencing for information on the main issues that judges and magistrates take into account when sentencing an offender, see judge for yourself. Sentencing bench book update 45 published judicial. The judicial commission of new south wales is an independent statutory corporation of the new south wales government that provides sentencing information and continuing education to and examines complaints made against judicial officers in new south wales, australia.
Sentencing considerations breaches of protection orders. Sentencing council the sentencing council for england and wales was set up to promote greater transparency and consistency in sentencing, whilst maintaining the independence of the judiciary. For 23 years, the judicial commission of nsw has been promoting excellence in judicial performance. It was established by the judicial officers act 1986. The crimes sentencing procedure act 1999 nsw contains a scheme for guideline judgments in sections 3642a. Criminal trial courts bench bookupdate 61 2august 2019. It is for this reason that many of the cases relied upon by the commonwealth crown in sentencing are from interstate. The sentencing bench book contains information prepared and collated by the judicial commission of new south wales the commission. Equality before the law bench book indigenous justice. The council provides advice and counsel to the attorney general of new south wales on issues relating to sentencing, parole periods for sentences, trends, and the operation. Sentencing bench book and equality before the law bench book published. The primary role of the council is to issue guidelines on sentencing which the courts must follow unless it is in the interests of justice not to do so. Judicial commission of nsw level 5, 60 carrington street, sydney nsw 2000 gpo box 3634, sydney nsw 2001 telephone.
It was written by anthea lowe of anthea lowe and associates under the guidance of an advisory committee of the judicial commission of nsw. The judicial commission of new south wales, equality before the law bench book, 18 july 2016, section 5. Jointly published by the judicial commission of new south wales and the australasian institute of judicial administration, 2006. The national judicial college of australia njca maintains the commonwealth sentencing database. Leader in judicial education appointed as a magistrate. He emphasized the importance of judicial discretion and stated that. Civil cases can be settled in a number of ways, including through court civil judgments and enforcement orders.
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