Sentencing Act and the Children's Court

• NCJ Number: 139945
• Journal: Current Issues in Criminal Justice Volume: 3 Issue: 3 Dated: special issue (March 1992) Pages: 335-338
• Author(s): R Blackmore
• Date Published: 1992
• Length: 4 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Australia
• Note: Paper presented at a seminar convened by the Institute of Criminology at Sydney University Law School, 1991, Australia

Annotation

This paper shows that the Sentencing Act of 1989 in New South Wales has equal application to sentencing in the Children's Court as it has to the sentencing of adults in other criminal courts.

Abstract

During the first 12 months of operation of the Sentencing Act, most sentences in the Children's Court were for fixed terms of 6 months or less. The average length of minimum or fixed-term sentences was approximately 4 months 3 weeks, and the median custodial term was just under 4 months. The most frequently ordered custodial term, representing 31 percent of all custodial sentences, was for a 6-month period. Only 10 percent of custodial terms were greater than 6 months in length and less than 2 percent were greater than 12 months. The Sentencing Act created a parole jurisdiction in the Children's Court with powers equivalent to the Offenders Review Board but exercised in relation to persons serving sentences in detention centers imposed by the higher courts. As of December 31, 1990, 27 persons were in detention centers serving sentences of 3 years or more, of whom 8 could be expected to be transferred to prison to complete their minimum terms. In the period between September 1989 and December 1990, the Children's Court granted 14 parole orders and refused 3, reconsidered and confirmed 1 refusal, revoked 7 parole orders, took no action for breach of parole reported in 3 cases, and granted 1 parole after eligibility review. Adjusted minimum terms involved in parole determinations during the period included 5 detainees serving 12 to 18 months, 6 serving 18 months to 2 years, and 4 serving terms of 2 to 3 years. Offenses involved ranged from manslaughter, robbery while armed or with wounding, serious sexual offenses, arson, breaking and entering, stealing, and larceny. Most offenders had been convicted of more than one offense. The age of detainees ranged from 15 to 20 years and included two females aged 17 years. The Sentencing Act assures detainees of legal representation at parole review hearings and the ultimate right of application to the Court of Criminal Appeal.