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NCJ Number: 139940 Find in a Library
Title: Changing Horses
Journal: Current Issues in Criminal Justice  Volume:3  Issue:3  Dated:special issue (March 1992)  Pages:298-303
Author(s): J M Campbell
Date Published: 1992
Page Count: 6
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: Australia
Annotation: The Sentencing Act of 1989 in New South Wales requires judicial officers and individuals appearing before them for sentencing to change directions in midstream.
Abstract: Established sentencing principles and patterns have continued, while the flow of prisoners to be sentenced and reviewed on appeal has not abated. One problem associated with the Act involves whether the abolition of remissions that operated prior to the Act should be taken into account when considering the established sentencing pattern for a particular offense. An additional question is whether the Court of Criminal Appeal should simply sentence under the Act or initially assess a sentence and nonparole period that would be appropriate to the circumstances if the Probation and Parole Act of 1983 and relevant provisions of the Prisons Act of 1952 had not been repealed. The Sentencing Act requires the court to set a minimum imprisonment term a person must serve for an offense and to set an additional term during which a person may be released on parole. The additional term must not exceed one-third of the minimum term, unless the court decides there are special circumstances. The effect of the Act on general sentence levels and on public perceptions of the administration of justice is discussed. 20 footnotes
Main Term(s): Foreign sentencing
Index Term(s): Foreign correctional systems; Foreign laws; Foreign probation or parole services; New South Wales; Sentencing guidelines; Sentencing reform
Note: Paper presented a seminar convened by the Institute of Criminology at Sydney University Law School, 1991, Australia
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