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Sentencing: The Law Reform Commission: Summary of Discussion Papers Numbers 29, 30, 31, October 1987

NCJ Number
Date Published
19 pages
This report summarizes three discussion papers (Numbers 29, 30, and 31) prepared by the Australian Law Reform Commission which present the commission's principal proposals for the reform of the sentencing process in the Commonwealth and Australian Capital Territory.
The reference on sentencing was given to the Law Reform Commission by the Federal Attorney General in August 1978. The commission's terms of reference require it to report on the sentencing laws of the Commonwealth and Australian Capital Territory. The commission's mandate with respect to sentencing covers sentencing uniformity, guidelines for imprisonment and noncustodial penalties, grading offenses and penalties, structuring discretion, and the establishment of a sentencing commission. Discussion Paper 29 considers the establishment of statutory sentencing goals, methods of determining sentence, procedures for sentencing hearings, and the establishment of sentencing commissions. Discussion Paper 30 addresses sentencing options, a new penalty structure, forms of release from custody, and special offender groups. Discussion Paper 31 focuses on prisons, particularly the issue of constructing a prison system in the Australian Capital Territory, prison management and conditions, prison discipline, grievance mechanisms, and inmate civil disabilities. The proposals presented are provisional, and public comment on them is invited.