❓ A WA parliamentary question probes the government's approach to sentencing law, inquiring about existing review processes, the potential for a sentencing advisory council, and alternative measures for best practice. The government acknowledges ongoing reviews and proposes a judicial commission with a sentencing information unit as an alternative to a dedicated council.
AnsweredQoN 577Legislative Council
QuestionView source ↗
SENTENCING ADVISORY COUNCIL
I refer to the Sentencing Advisory Councils in New South Wales and Victoria and the recent call by the Prison Reform Group of Western Australia for a sentencing advisory council to be established in this state. (1) What process currently exists to monitor and review sentencing law and practice? (2) Will the government establish a sentencing advisory council in Western Australia? (3) If no to (2), what alternative action will be taken to ensure best practice in sentencing law and practice? Hon SUE ELLERY
I refer to the Sentencing Advisory Councils in New South Wales and Victoria and the recent call by the Prison Reform Group of Western Australia for a sentencing advisory council to be established in this state. (1) What process currently exists to monitor and review sentencing law and practice? (2) Will the government establish a sentencing advisory council in Western Australia? (3) If no to (2), what alternative action will be taken to ensure best practice in sentencing law and practice? Hon SUE ELLERY
AnswerView source ↗
I thank the honourable member for some notice of the question. (1) Sentencing law and practice is regularly reviewed in this state. Since 1995, when the current Sentencing Act came into force, there have been at least six major reviews/reports including in 1998 the Hammond review of remission and parole; 2002, Sentencing Legislation and Repeal Bill; 2004, Acts Amendment (Family and Domestic Violence) Act and the Sentencing Legislation Amendment Act; 2005, Criminal Procedure Act; 2006, Parole and Sentencing Legislation Amendment Act; and 2007-08, Law Reform Commission’s “Review of the Law of Homicide” and the subsequent Criminal Law Amendment (Homicide) Bill 2008, which is currently for debate in the Legislative Council. All of these review/reports have included consultation with relevant stakeholders. The Sentencing Act is currently subject to a statutory review, which is due to be completed before the end of this year. (2)-(3) The government does not have any current plan to establish a sentencing advisory council. However, it does support, in principle, the establishment of a judicial commission that is likely to include a sentencing information unit to undertake research of relevant sentencing matters and to provide information to the judiciary, government and public.
(1) What process currently exists to monitor and review sentencing law and practice? (2) Will the government establish a sentencing advisory council in Western Australia? (3) If no to (2), what alternative action will be taken to ensure best practice in sentencing law and practice? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) Sentencing law and practice is regularly reviewed in this state. Since 1995, when the current Sentencing Act came into force, there have been at least six major reviews/reports including in 1998 the Hammond review of remission and parole; 2002, Sentencing Legislation and Repeal Bill; 2004, Acts Amendment (Family and Domestic Violence) Act and the Sentencing Legislation Amendment Act; 2005, Criminal Procedure Act; 2006, Parole and Sentencing Legislation Amendment Act; and 2007-08, Law Reform Commission’s “Review of the Law of Homicide” and the subsequent Criminal Law Amendment (Homicide) Bill 2008, which is currently for debate in the Legislative Council. All of these review/reports have included consultation with relevant stakeholders. The Sentencing Act is currently subject to a statutory review, which is due to be completed before the end of this year. (2)-(3) The government does not have any current plan to establish a sentencing advisory council. However, it does support, in principle, the establishment of a judicial commission that is likely to include a sentencing information unit to undertake research of relevant sentencing matters and to provide information to the judiciary, government and public.
(2) Will the government establish a sentencing advisory council in Western Australia? (3) If no to (2), what alternative action will be taken to ensure best practice in sentencing law and practice? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) Sentencing law and practice is regularly reviewed in this state. Since 1995, when the current Sentencing Act came into force, there have been at least six major reviews/reports including in 1998 the Hammond review of remission and parole; 2002, Sentencing Legislation and Repeal Bill; 2004, Acts Amendment (Family and Domestic Violence) Act and the Sentencing Legislation Amendment Act; 2005, Criminal Procedure Act; 2006, Parole and Sentencing Legislation Amendment Act; and 2007-08, Law Reform Commission’s “Review of the Law of Homicide” and the subsequent Criminal Law Amendment (Homicide) Bill 2008, which is currently for debate in the Legislative Council. All of these review/reports have included consultation with relevant stakeholders. The Sentencing Act is currently subject to a statutory review, which is due to be completed before the end of this year. (2)-(3) The government does not have any current plan to establish a sentencing advisory council. However, it does support, in principle, the establishment of a judicial commission that is likely to include a sentencing information unit to undertake research of relevant sentencing matters and to provide information to the judiciary, government and public.
(3) If no to (2), what alternative action will be taken to ensure best practice in sentencing law and practice? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) Sentencing law and practice is regularly reviewed in this state. Since 1995, when the current Sentencing Act came into force, there have been at least six major reviews/reports including in 1998 the Hammond review of remission and parole; 2002, Sentencing Legislation and Repeal Bill; 2004, Acts Amendment (Family and Domestic Violence) Act and the Sentencing Legislation Amendment Act; 2005, Criminal Procedure Act; 2006, Parole and Sentencing Legislation Amendment Act; and 2007-08, Law Reform Commission’s “Review of the Law of Homicide” and the subsequent Criminal Law Amendment (Homicide) Bill 2008, which is currently for debate in the Legislative Council. All of these review/reports have included consultation with relevant stakeholders. The Sentencing Act is currently subject to a statutory review, which is due to be completed before the end of this year. (2)-(3) The government does not have any current plan to establish a sentencing advisory council. However, it does support, in principle, the establishment of a judicial commission that is likely to include a sentencing information unit to undertake research of relevant sentencing matters and to provide information to the judiciary, government and public.
Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) Sentencing law and practice is regularly reviewed in this state. Since 1995, when the current Sentencing Act came into force, there have been at least six major reviews/reports including in 1998 the Hammond review of remission and parole; 2002, Sentencing Legislation and Repeal Bill; 2004, Acts Amendment (Family and Domestic Violence) Act and the Sentencing Legislation Amendment Act; 2005, Criminal Procedure Act; 2006, Parole and Sentencing Legislation Amendment Act; and 2007-08, Law Reform Commission’s “Review of the Law of Homicide” and the subsequent Criminal Law Amendment (Homicide) Bill 2008, which is currently for debate in the Legislative Council. All of these review/reports have included consultation with relevant stakeholders. The Sentencing Act is currently subject to a statutory review, which is due to be completed before the end of this year. (2)-(3) The government does not have any current plan to establish a sentencing advisory council. However, it does support, in principle, the establishment of a judicial commission that is likely to include a sentencing information unit to undertake research of relevant sentencing matters and to provide information to the judiciary, government and public.
I thank the honourable member for some notice of the question. (1) Sentencing law and practice is regularly reviewed in this state. Since 1995, when the current Sentencing Act came into force, there have been at least six major reviews/reports including in 1998 the Hammond review of remission and parole; 2002, Sentencing Legislation and Repeal Bill; 2004, Acts Amendment (Family and Domestic Violence) Act and the Sentencing Legislation Amendment Act; 2005, Criminal Procedure Act; 2006, Parole and Sentencing Legislation Amendment Act; and 2007-08, Law Reform Commission’s “Review of the Law of Homicide” and the subsequent Criminal Law Amendment (Homicide) Bill 2008, which is currently for debate in the Legislative Council. All of these review/reports have included consultation with relevant stakeholders. The Sentencing Act is currently subject to a statutory review, which is due to be completed before the end of this year. (2)-(3) The government does not have any current plan to establish a sentencing advisory council. However, it does support, in principle, the establishment of a judicial commission that is likely to include a sentencing information unit to undertake research of relevant sentencing matters and to provide information to the judiciary, government and public.
(1) Sentencing law and practice is regularly reviewed in this state. Since 1995, when the current Sentencing Act came into force, there have been at least six major reviews/reports including in 1998 the Hammond review of remission and parole; 2002, Sentencing Legislation and Repeal Bill; 2004, Acts Amendment (Family and Domestic Violence) Act and the Sentencing Legislation Amendment Act; 2005, Criminal Procedure Act; 2006, Parole and Sentencing Legislation Amendment Act; and 2007-08, Law Reform Commission’s “Review of the Law of Homicide” and the subsequent Criminal Law Amendment (Homicide) Bill 2008, which is currently for debate in the Legislative Council. All of these review/reports have included consultation with relevant stakeholders. The Sentencing Act is currently subject to a statutory review, which is due to be completed before the end of this year. (2)-(3) The government does not have any current plan to establish a sentencing advisory council. However, it does support, in principle, the establishment of a judicial commission that is likely to include a sentencing information unit to undertake research of relevant sentencing matters and to provide information to the judiciary, government and public.
(2)-(3) The government does not have any current plan to establish a sentencing advisory council. However, it does support, in principle, the establishment of a judicial commission that is likely to include a sentencing information unit to undertake research of relevant sentencing matters and to provide information to the judiciary, government and public.
(1) What process currently exists to monitor and review sentencing law and practice? (2) Will the government establish a sentencing advisory council in Western Australia? (3) If no to (2), what alternative action will be taken to ensure best practice in sentencing law and practice? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) Sentencing law and practice is regularly reviewed in this state. Since 1995, when the current Sentencing Act came into force, there have been at least six major reviews/reports including in 1998 the Hammond review of remission and parole; 2002, Sentencing Legislation and Repeal Bill; 2004, Acts Amendment (Family and Domestic Violence) Act and the Sentencing Legislation Amendment Act; 2005, Criminal Procedure Act; 2006, Parole and Sentencing Legislation Amendment Act; and 2007-08, Law Reform Commission’s “Review of the Law of Homicide” and the subsequent Criminal Law Amendment (Homicide) Bill 2008, which is currently for debate in the Legislative Council. All of these review/reports have included consultation with relevant stakeholders. The Sentencing Act is currently subject to a statutory review, which is due to be completed before the end of this year. (2)-(3) The government does not have any current plan to establish a sentencing advisory council. However, it does support, in principle, the establishment of a judicial commission that is likely to include a sentencing information unit to undertake research of relevant sentencing matters and to provide information to the judiciary, government and public.
(2) Will the government establish a sentencing advisory council in Western Australia? (3) If no to (2), what alternative action will be taken to ensure best practice in sentencing law and practice? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) Sentencing law and practice is regularly reviewed in this state. Since 1995, when the current Sentencing Act came into force, there have been at least six major reviews/reports including in 1998 the Hammond review of remission and parole; 2002, Sentencing Legislation and Repeal Bill; 2004, Acts Amendment (Family and Domestic Violence) Act and the Sentencing Legislation Amendment Act; 2005, Criminal Procedure Act; 2006, Parole and Sentencing Legislation Amendment Act; and 2007-08, Law Reform Commission’s “Review of the Law of Homicide” and the subsequent Criminal Law Amendment (Homicide) Bill 2008, which is currently for debate in the Legislative Council. All of these review/reports have included consultation with relevant stakeholders. The Sentencing Act is currently subject to a statutory review, which is due to be completed before the end of this year. (2)-(3) The government does not have any current plan to establish a sentencing advisory council. However, it does support, in principle, the establishment of a judicial commission that is likely to include a sentencing information unit to undertake research of relevant sentencing matters and to provide information to the judiciary, government and public.
(3) If no to (2), what alternative action will be taken to ensure best practice in sentencing law and practice? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) Sentencing law and practice is regularly reviewed in this state. Since 1995, when the current Sentencing Act came into force, there have been at least six major reviews/reports including in 1998 the Hammond review of remission and parole; 2002, Sentencing Legislation and Repeal Bill; 2004, Acts Amendment (Family and Domestic Violence) Act and the Sentencing Legislation Amendment Act; 2005, Criminal Procedure Act; 2006, Parole and Sentencing Legislation Amendment Act; and 2007-08, Law Reform Commission’s “Review of the Law of Homicide” and the subsequent Criminal Law Amendment (Homicide) Bill 2008, which is currently for debate in the Legislative Council. All of these review/reports have included consultation with relevant stakeholders. The Sentencing Act is currently subject to a statutory review, which is due to be completed before the end of this year. (2)-(3) The government does not have any current plan to establish a sentencing advisory council. However, it does support, in principle, the establishment of a judicial commission that is likely to include a sentencing information unit to undertake research of relevant sentencing matters and to provide information to the judiciary, government and public.
Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) Sentencing law and practice is regularly reviewed in this state. Since 1995, when the current Sentencing Act came into force, there have been at least six major reviews/reports including in 1998 the Hammond review of remission and parole; 2002, Sentencing Legislation and Repeal Bill; 2004, Acts Amendment (Family and Domestic Violence) Act and the Sentencing Legislation Amendment Act; 2005, Criminal Procedure Act; 2006, Parole and Sentencing Legislation Amendment Act; and 2007-08, Law Reform Commission’s “Review of the Law of Homicide” and the subsequent Criminal Law Amendment (Homicide) Bill 2008, which is currently for debate in the Legislative Council. All of these review/reports have included consultation with relevant stakeholders. The Sentencing Act is currently subject to a statutory review, which is due to be completed before the end of this year. (2)-(3) The government does not have any current plan to establish a sentencing advisory council. However, it does support, in principle, the establishment of a judicial commission that is likely to include a sentencing information unit to undertake research of relevant sentencing matters and to provide information to the judiciary, government and public.
I thank the honourable member for some notice of the question. (1) Sentencing law and practice is regularly reviewed in this state. Since 1995, when the current Sentencing Act came into force, there have been at least six major reviews/reports including in 1998 the Hammond review of remission and parole; 2002, Sentencing Legislation and Repeal Bill; 2004, Acts Amendment (Family and Domestic Violence) Act and the Sentencing Legislation Amendment Act; 2005, Criminal Procedure Act; 2006, Parole and Sentencing Legislation Amendment Act; and 2007-08, Law Reform Commission’s “Review of the Law of Homicide” and the subsequent Criminal Law Amendment (Homicide) Bill 2008, which is currently for debate in the Legislative Council. All of these review/reports have included consultation with relevant stakeholders. The Sentencing Act is currently subject to a statutory review, which is due to be completed before the end of this year. (2)-(3) The government does not have any current plan to establish a sentencing advisory council. However, it does support, in principle, the establishment of a judicial commission that is likely to include a sentencing information unit to undertake research of relevant sentencing matters and to provide information to the judiciary, government and public.
(1) Sentencing law and practice is regularly reviewed in this state. Since 1995, when the current Sentencing Act came into force, there have been at least six major reviews/reports including in 1998 the Hammond review of remission and parole; 2002, Sentencing Legislation and Repeal Bill; 2004, Acts Amendment (Family and Domestic Violence) Act and the Sentencing Legislation Amendment Act; 2005, Criminal Procedure Act; 2006, Parole and Sentencing Legislation Amendment Act; and 2007-08, Law Reform Commission’s “Review of the Law of Homicide” and the subsequent Criminal Law Amendment (Homicide) Bill 2008, which is currently for debate in the Legislative Council. All of these review/reports have included consultation with relevant stakeholders. The Sentencing Act is currently subject to a statutory review, which is due to be completed before the end of this year. (2)-(3) The government does not have any current plan to establish a sentencing advisory council. However, it does support, in principle, the establishment of a judicial commission that is likely to include a sentencing information unit to undertake research of relevant sentencing matters and to provide information to the judiciary, government and public.
(2)-(3) The government does not have any current plan to establish a sentencing advisory council. However, it does support, in principle, the establishment of a judicial commission that is likely to include a sentencing information unit to undertake research of relevant sentencing matters and to provide information to the judiciary, government and public.
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