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New Trends in Crime and Punishment in Australia

NCJ Number
79710
Journal
Australian Journal of Forensic Sciences Volume: 13 Issue: 3 Dated: (March 1981) Pages: 96-116
Author(s)
J M D Kirby
Date Published
1981
Length
21 pages
Annotation
Recommendations for sentencing reform in Australia are presented from the Australian Law Reform Commission's Interim Report.
Abstract
One major theme of the report is the need to achieve consistency and uniformity in sentencing. Some steps suggested to assist this goal are the establishment of a national sentencing council composed of judges, magistrates, and others for the purpose of developing consistent sentencing law; the provision of sentencing guidelines by the sentencing council; and the revision of some sanctions provided for in Commonwealth legislation. Also recommended are the channeling of Federal criminal appeals, including sentencing appeals, to the Full Court of the Federal Court of Australia instead of to the courts of criminal appeal of the several States and the abolition of parole, with the intention of reducing the actual sentence served. The second major theme of the report is the need to do more for the victims of crime. The establishment of an adequate victim compensation scheme is proposed, along with greater emphasis on compensation and restitution orders. The third theme focuses on the desirability of developing new alternatives to imprisonment. The report recommends that imprisonment only be used to where no other sanction would achieve the objectives contemplated by the law. Proposed future undertakings by the Law Reform Commission are described. A total of 36 footnotes are provided.