An examination of the use of suspended sentences

On 24 September 2010, the Attorney General asked us to examine the use of suspended sentences under s 12 of the Crimes (Sentencing Procedure) Act 1999 (NSW).

On 23 September 2011, the Attorney General asked the NSW Law Reform Commission (LRC) to review the Crimes (Sentencing Procedure) Act 1999 (NSW) and to work in collaboration with the Sentencing Council

Report

In December 2011, we published our Background Report: Suspended Sentences to assist in the LRC's review. Further information about the LRC review is available on the LRC's website.

Other documents

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

• Submissions (responding to the Consultation Paper)
• Consultation Paper: Suspended Sentences (PDF, 7.4 MB) (published June 2011)

Terms of reference

We received terms of reference on 24 September 2010 to review suspended sentences as follows:

1. an analysis of whether the use of suspended sentences has had any direct effect on the use of other sentencing options, including custodial and non-custodial options
2. an examination of the extent to which the imposition of suspended sentences has exposed persons to the risk of imprisonment who would not otherwise have been sentenced to imprisonment
3. an analysis of the primary reasons behind judicial decisions to impose suspended sentences in preference to other sentencing options, including: a) judicial attitudes to alternative sentences; b) availability of other options; and c) increased maximum penalties
4. the identification of current community attitudes and expectations in relation to the use of suspended sentences
5. an examination of whether the issues identified in relation to the above matters require reform
6. an exploration of any options for reform
7. any other relevant matter.