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, 540.4 KB) 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 (PDF, 55.2 KB) (October 2018) 

Submissions

The submissions we received, including preliminary submissions, are available at the link below:

• Submissions

Consultation paper

We  produced a consultation paper to help us seek your views about victims' involvement in sentencing.

• Consultation paper (PDF, 711.2 KB)

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:

1. The principles courts apply when receiving and addressing victim impact statements.
2. Who can make a victim impact statement.
3. 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.
4. 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]