NCJ Number
143888
Date Published
1991
Length
58 pages
Annotation
The impact of the 1989 Sentencing Act in New South Wales was examined with respect to its impacts on juvenile sentencing.
Abstract
Previous studies revealed that the law, which was designed to restore "truth in sentencing," has led to an increase in the average custodial term served or likely to be served by adult inmates. This analysis compared data for 15 months prior to the law and 15 months after the law. It also examined general sentencing practices and the effects of legal and administrative processes on the time youthful offenders served in custody. Results revealed that the number and proportion of juveniles sentenced to custodial terms was similar for both periods, with rates of 6.5 percent before the law and 6.2 percent after the law. The two groups were also similar in age, gender, and bail status, but differed in that the later group had fewer first offenders, fewer with one or two prior appearances, and more with five or more prior appearances. Findings revealed that since the law took effect, head sentences have almost halved, minimum sentences have decreased by about one- fourth, and time served has increased by about one-third. Findings suggested that it is questionable that the law was framed with sufficient consideration for the special needs of children. The two main concerns (the increased time served and the reduced opportunity for postrelease supervision) could be addressed through a greater use of the "special circumstances" clause in the law. No legislation would be required, although it would be preferable for the government to amend the law to ensure that juveniles receive appropriate aftercare supervision in the community. Figures, tables, footnotes, and appended tables