Review of sentencing laws

​Reference received: Originally received 20 October 1994 but following a change of Government, a new expanded Reference was received on 12 April 1995.​

Reports

Report 79: Sentencing (PDF, 1.3 MB), December 1996

• Tabled in parliament: 10 April 1997
• Legislative action: ​Periodic ​Detention of Prisoners Amendment Act 1998; Crimes Legislation Amendment (Sentencing) Act 1999; Crimes (Administration of Sentences) Act 1999​; Crimes (Sentencing Procedure) Act 1999​; Criminal Legislation Amendment Act 2001 Sch 1; Crimes (Sentencing Procedure) Amendment (General Sentencing Principles) Act 2002; Crimes (Administration of Sentences) Amendment (Parole) Act 2004

Report 96: Sentencing: Aboriginal offenders (PDF, 940.7 KB), October 2000

• Tabled in parliament: 5 June 2009 

Report 104: Young offenders (PDF, 1.3 MB), December 2005

• Tabled in parliament: 14 November 2007
• Legislative action: Co​urts and Other Legislation Amendment Act 2007; Children (Criminal Proceedin​gs) Amendment Act 2008​

Report 102: Sentencing: Corporate offenders (PDF, 7.5 MB), June 2003

• Tabled in parliament: 5 June 2009

Discussion paper

Discussion Paper 33: Sentencing (PDF, 1.4 MB), April 1996​

Issues papers

Issues Paper 19: Sentencing - Young offenders (PDF, 1.2 MB), July 2001​ 

Issues Paper 20: Sentencing - Corporate offenders, November 2001

Terms of reference

To inquire into and report on the laws relating to sentencing in New South Wales with particular reference to:

(i) the formulation of principles and guidelines for sentencing;

(ii) the rationalisation and consolidation of current sentencing provisions;

(iii) the adequacy and use of existing non-custodial sentencing options with particular reference to home detention and periodic detention;

(iv) the adequacy of existing procedures for the release of prisoners by the Offenders Review Board and the Serious Offenders Review Council and the benefits that might accrue from the review of the decisions of the Offenders Review Board and the Serious Offenders Review Council by judicial officers; and

(v) any related matter.

In undertaking this reference, the Commission should have regard to the proposals in relation to sentencing contained in the Australia Labor Party policy documents formulated in Opposition.

Note: See also Reference 112 - Role of juries in sentencing;Reference 118 - Sentencing people with cognitive or mental health impairments ​