The work of the Queensland Sentencing Advisory Council

1. The work of the Queensland Sentencing Advisory Council Anne Edwards, Director

2. Qld Sentencing Advisory Council • Established in December 2010 by amendment to the Penalties and Sentences Act 1992 (Qld) • Members, appointed by the Attorney-General, to have expertise or experience in a range of relevant areas, such as victims of crime, vulnerable people facing the criminal justice system, law enforcement, criminal prosecutions, civil liberties, etc. • Chair: Professor Geraldine Mackenzie • Deputy Chair: Nicholas Tucker

3. Membersof the Council • John Allen, Public Defender, LegalAid • Kelvin Anderson, DG, Dept of Community Safety • Bob Atkinson, Police Commissioner • Jonty Bush, Community representative • Kevin Cocks, Anti-Discrimination Commissioner • Bob Colless, Gumba Gumba, Cairns • Beryl Crosby, Community representative • Jeffrey Hunter SC, Barrister • Christy McGuire, Coordinator, Zig Zag • Tony Moynihan, Director of Public Prosecutions

4. Functionsof the Council • To state its views to the Court of Appeal on the giving, or review, of a guideline judgment • To advise the Attorney-General, at his request, on matters relating to sentencing • To provide information to the community to enhance knowledge and understanding of matters relating to sentencing

5. Functionsof the Council • To publish information relating to sentencing • To research matters relating to sentencing and publish the results • To obtain community views on sentencing and particular matters relating to sentencing

6. The Council: • Does not review or comment on individual cases • Does not provide advice to the Attorney-General on individual sentencing decisions or appeal matters • Does not collect/hold personal information on individuals • Does not operate in a vacuum • Does not have responsibility for collecting or maintaining sentencing data (analyses data collected by other agencies)

7. Council’s work program • Terms of Reference issued by the Attorney-General • Research agenda • Community engagement strategy

8. Reference 1 – Minimum SNPPs • In Oct 2010, the Qld Government announced it would introduce minimum standard non-parole periods (SNPPs) for serious violent offences and sexual offences • Council received Terms of Reference in December 2010 asking for advice on: • which offences should be included • the levels at which non-parole periods should be set • when a court should be able to set a higher or lower non-parole period than the SNPP • Council required to report by 30 September 2011

9. Reference 2 – child sexual offences • Terms of Reference issued 14 July 2011 on: • sentencing practices for child sexual offences • comparison of sentencing outcomes for sexual offences where victim was an adult vs a child • the impact of legislative reform on sentencing • factors most commonly taken into account when sentencing and the Council’s view on what factors should be most relevant • whether there is a need for additional guidance in sentencing child sex offences • Council required to report by 31 January 2012

10. Reference 3 – armed robbery • Terms of Reference issued 25 July 2011 on: • sentencing practices for offenders convicted of armed or attempted armed robbery, particularly where a firearm or knife was used • the impact of legislative reform on sentencing • the factors most commonly taken into account when sentencing and the Council’s view on what factors should be most relevant • whether there is a need for additional guidance in sentencing offenders for child sex offences • Advice due by 31 July 2012

11. The Council’s approach • Initial information gathering (inc initial meetings or roundtables) • Produce Consultation Paper (and companion Research Paper) • Call for submissions (inc media release and online response form) • Conduct consultation meetings with key stakeholders • Final legal issues roundtable • Draft and finalise Final Report

12. Research agenda Four priority areas: • Research to support advice to the Attorney-General • Sentencing profiles • Victims and sentencing • Alternatives to imprisonment (justice reinvestment)

13. Community engagement: Why engage? • Public interest in and perceptions about all things sentencing • Need for information and balance • Raise awareness about sentencing issues • Critical function • Must be authentic and real

14. Challenges of engaging in Qld • Size and population concentration in SEQ • Complexity of information • Appropriate targeting of information • Consultation fatigue • Managing expectations • Barriers to involvement • Addressing and managing vested interests • Reporting back • Resource intensive

15. Who are our stakeholders? • Government agencies • Community advocacy groups • Legal professionals and bodies • Aboriginal and Torres Strait Islander groups • Vulnerable groups (mental illness, cognitively impaired) • Universities and other research institutions • Victims and offenders

16. Engaging with Aboriginal and Torres Strait Islander communities • Council expertise – Aboriginal and Torres Strait Islander representative • Engaged Indigenous facilitator to contact stake-holders, advise and facilitate engagement • SNPP consultations – Thursday Island, Cairns, Townsville (Palm Island), Mount Isa, Cherbourg, Rockhampton (Woorabinda) • Lessons learned • Development of Indigenous engagement strategy currently underway

17. Website (www.sentencingcouncil.qld.gov.au) • Ongoing improvement and development • Will become a central resource on sentencing in Queensland • Research papers, issues papers, consultation information, final reports • Council newsletters, sentencing news – ‘Sentencing Advisor’ • Links to key resources in Queensland and other jurisdictions • Online response forms

18. Future engagementactivities Highlights: • Key resources - sentencing fact sheets and sentencing profiles • Sentencing seminar series with guest speakers • Enhanced involvement in Law Week • Ongoing consultations • Informing the community about our work through media

19. Contact information www.sentencingcouncil.qld.gov.au Email: sac@justice.qld.gov.au Phone: 1300 461 577 Location: Level 30, 400 George Street Brisbane Qld 4000