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University of Wollongong

2014

Sentencing

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Full-Text Articles in Law

Submission Letter To The Nsw Sentencing Council, David Brown, Julia Quilter Jan 2014

Submission Letter To The Nsw Sentencing Council, David Brown, Julia Quilter

Faculty of Law, Humanities and the Arts - Papers (Archive)

Re: Bail - Additional show cause offences

We refer to the Attorney General's request for the Sentencing Council to consider a proposal to make amendments to the Bail Act 2013 (NSW) ('the 2013 Act') and specifically the Terms of Reference regarding the addition to the categories of offences for which the accused must 'show cause' before bail may be granted. The specific addition under consideration is with respect to an accused charged with a serious indictable offence committed:

• while subject to a good behaviour bond, intervention program order, intensive correction order;

• while serving a sentence in the community; …


Applying The Critical Lens To Judicial Officers And Legal Practitioners Involved In Sentencing Indigenous Offenders: Will Anyone Or Anything Do?, Elena Marchetti, Janet Ransley Jan 2014

Applying The Critical Lens To Judicial Officers And Legal Practitioners Involved In Sentencing Indigenous Offenders: Will Anyone Or Anything Do?, Elena Marchetti, Janet Ransley

Faculty of Law, Humanities and the Arts - Papers (Archive)

In recent years there have been many attempts aimed at transforming the relationship between Indigenous people and the criminal justice system in Australia. Some of these attempts have been directed at policing relationships, including such measures as community and night patrols. Others have focused on prisons, including attempts at greater cultural accommodation, and even the building of Aboriginal prisons. The focus of this article, however, is on the relationship between Indigenous people and court processes, especially in regards to sentencing. In particular, the article explores innovative sentencing courts, practices and principles introduced across the Australian jurisdictions specifically aimed at Indigenous …