Abstract
This collection of essays, articles and papers was compiled following a seminar entitled Sentencing: problems and prospects. The seminar identifies key problem areas in Australian sentencing policy and administration, encapsulating both practical and theoretical considerations. It also identifies future directions for reform.
As the contents of these proceedings reveals, sentencing cannot adequately be treated in a narrow sense limited only to the problems confronting the sentencing judge. Sentencing is not an island unto itself but may be taken to include the whole range of discretionary decisions affecting the offender.
Proceedings of a seminar held 18-21 March 1986
Contents
- Sentencing in Australia: an overview of proceedings
Ivan Potas - Welcoming address
Richard Harding - Opening address
The Hon. Jim Kennan M.L.C. - Criminal justice, rights and sentencing: a review of sentencing policy and problems
Andrew Ashworth - Commentary upon Dr Ashworth's paper
Justice Alastair Nicholson - Discretion in sentencing
Kay A. Knapp - The role of the prosecutor in the sentencing process
Ian Temby Q.C. - Judicial role in sentencing
Justice Frank Vincent Q.C. - The New South Wales Court of Criminal Appeal: philosophy and practice
James L. Glissan Q.C. - Sentencing in magistrates' courts: the magistrate as professional decision-maker
Jeanette Lawrence and Ross Homel - Sentencing in magistrates' courts
Kevin Anderson - The Sentencing Council - revisited
Justice Michael Kirby C.M.G. - An evaluation of judicial models for sentencing guidelines
Austin Lovegrove - Sentencing structures and sanction hierarchies
Arie Freiberg and Richard Fox - Deinstitutionalisation: a description and assessment
Kenneth Polk - Probation and parole: Australian Capital Territory, New South Wales: more problems than prospects
Nigel Stoneman - Has parole a future?
Ivan Vodanovich - Sentencing: reflections of an innkeeper
John Dawes and Frank Morgan - Preconditions for sentencing and penal reform in New South Wales: some suggestions towards a strategy for contesting an emerging law and order climate
David Brown - Correctional services in the A.C.T.
Tony Vinson - The victim's role in the sentencing process
Ray Whitrod - Sentencing: perspectives on Aboriginal offenders
Kayleen M. Hazlehurst - Federal and Australian Capital Territory offenders: the future of the current laws and practices
Maureen Kelleher - A matter of comparative injustice
David Biles - Sentencing options in the Australian Capital Territory
R.J. Cahill - The limits of sentencing reform
Janet Chan - Sentencing of federal and ACT offenders: some reform proposals
George Zdenkowski - Closing summary
Andrew Ashworth - List of participants