NCJ Number
158574
Date Published
1994
Length
57 pages
Annotation
This paper provides an analysis of and commentary on the Sentencing Indication Scheme that was recently piloted at the Downing Centre Complex of the District Court in New South Wales (Australia).
Abstract
The scheme allows accused persons who have been committed for trial to that court to elect at arraignment to divert from the listing process leading to trial, and instead obtain an "indicative sentence" from a district court judge; the sentence would be imposed should the applicant accept it and plead guilty at that time. If the applicant rejects the indicative sentence, the case is placed back in the trial list before another judge, who is not informed of the previous sentencing indication proceedings. The pilot scheme was conducted between June 4, 1993, and November 5, 1993. This report summarizes the scheme's operation, provides a detailed statistical analysis of the applicants who participated in the pilot scheme and of the outcomes obtained, and presents preliminary comments on the way in which the pilot scheme has operated. The statistical analysis presented draws upon extensive empirical research, including a detailed audit of all court files that relate to the matters addressed in the Sentence Indication Hearings Pilot Scheme. The statistical analysis encompasses a descriptive analysis and an evaluation. Overall, the scheme received strong support from its potential clients, while allowing applicants the right to question the severity of penalties or the appropriateness of charges. 19 tables, 19 references, and appended supplementary information