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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Consultation paper

We released a consultation paper in our review of consecutive sentences imposed by the Local Court on 11 June 2026.

We invite you to share your views on the issues and options for reform raised in this consultation paper, as well as anything you think we may have overlooked.

To have your say, please email your preliminary submission to us at sentencingcouncil@dcj.nsw.gov.au by 24 July 2026.

For guidance on making a submission, please visit our Have your say page and review our Privacy and information management policy.

Preliminary submissions

Preliminary submissions closed on 5 December 2025. Thank you to everyone who made a submission.

View the preliminary submissions we received.

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.