Abolishing prison sentences of six months or less

On 18 June 2003, the Attorney General asked us to examine the issue of abolishing prison sentences of 6 months or less.

Report

We transmitted our Report: Abolishing Prison Sentences of Six Months or Less (PDF, 907.2 KB)  to the Attorney General on 6 August 2004. It was launced on 17 November 2004.

The Attorney General responded to our Report in Parliament on 17 November 2004: Sentencing Council Prison Sentences Report (PDF, 18.6 KB)

Other documents

The following documents were part of the consultation process for our report:

• Discussion Paper: Abolishing Prison Sentences of Six Months or Less (PDF, 756.9 KB) (prepared by a Committee assisting the Sentencing Council and released in April 2004).

Terms of reference

The following terms of reference were issued on 18 June 2003:

Pursuant to Section 100 J (1)(d) of the Crimes (Sentencing Procedure) Act 1999 (“The Act”), I am requesting the NSW Sentencing Council to prepare a report on the subject of abolishing prison sentences of 6 months or less. In preparation of that report the Council may wish to consider issues such as: 

1. The impact or consequence of abolition of prison sentences of 6 months or less upon:

• • The prison population;
• • Other sentences;
• • Re-offending issues;
• • Crime reduction;
• • Cost/potential savings to the NSW budget
• • Management of the NSW prison population and correctional centres;
• • Other services including probation and parole services and police;
• • Vulnerable groups in the criminal justice system such as juveniles, the intellectually disabled or mentally ill, or persons of an Aboriginal or Torres Strait Islander background.

2. The effect that abolishing sentences of 6 months or less would have on existing legislation (including sections 5 and 46 of the Act);

3. Whether sentences of imprisonment of 6 months or less should be abolished generally or subject to condition/s.

4. The need for any legislative reform to give effect to any recommended changes.

5. The development of alternative sentencing options to terms of imprisonment of 6 months or less (including whether there is any role for criminal justice intervention programs).