Victims' involvement in sentencing
The NSW Attorney General asked us to conduct a review of victims' involvement in the sentencing process [PDF 177KB].
Report
We transmitted our Report: Victims' Involvement in Sentencing [PDF 541KB] to the Attorney General on 1 March 2018.
Implementation
Crimes Legislation Amendment (Victims) Bill 2018 (NSW) introduced in the NSW Legislative Assembly, 24 October 2018
Government response
Government response to recommendations (October 2018) [PDF 56KB]
Submissions
The submissions we received, including preliminary submissions, are available at the link below:
Consultation paper
We produced a consultation paper to help us seek your views about victims' involvement in sentencing.
Terms of reference
I ... request that the Council conduct a review of victims' involvement in the sentencing process under the Crimes (Sentencing Procedures) Act 1999 (NSW) and consider:
- The principles courts apply when receiving and addressing victim impact statements.
- Who can make a victim impact statement.
- Procedural issues with the making and reception in court of a victim impact statement, including the content of a victim impact statement, the evidential admissibility applied to a victim impact statement, and objections to the content of victim impact statements.
- The level of support and assistance available to victims.
In undertaking this review, the Council should have regard to:
- the obligations arising under section 107 of the Crimes (Sentencing Procedure) Act 1999 (NSW)
- the effect of the current framework on victims
- developments in other jurisdictions both in Australia and overseas
- minimising victim distress in the sentencing process.
[Received 24 May 2017]