Consecutive sentences imposed by the Local Court

On 2 October 2025, the Attorney General asked us to review section 58 of the Crimes (Sentencing Procedure) Act 1999 (NSW). 

Section 58 limits the Local Court’s ability to impose a consecutive, or partly consecutive, sentence of imprisonment on a person that is already serving an existing term of imprisonment.

If a person is serving a term of imprisonment when they are being sentenced for another offence, the Court cannot impose a consecutive sentence of imprisonment that would end more than five years after their existing sentence began.

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Terms of reference

The Sentencing Council is asked to conduct a review of the operation of section 58 of the Crimes (Sentencing Procedure) Act 1999 and make any recommendations for reform that it considers appropriate.

In undertaking the review, I ask that the Sentencing Council consider:

• the operation of section 58 in sentencing proceedings generally, including the interaction of the provision with other sentencing principles;
• whether the provision, in its current form, is fit-for-purpose, equitable in its operation and appropriate to achieve its policy objectives;
• the utility of the section 58 limitation within the context of the sentencing jurisdictions more generally;
• whether there are reform options for section 58 that would more effectively and clearly achieve the underlying policy objectives while balancing community expectations around sentencing, the rights of the accused and the public interest in the efficient administration of justice; and
• any other matter the Council considers relevant.

Received 2 October 2025.