Sentencing Advisory Council

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The Sentencing Advisory Council of Victoria is an independent statutory body that was established by the Victorian Government in 2004 to conduct research on sentencing in Victoria, Australia.^[1] The Council comprises a board of between 11 and 14 directors, who are supported by a secretary. In Australia, there are also sentencing councils in New South Wales,^[2] Queensland^[3] and Tasmania.^[4] There are also sentencing councils in some overseas jurisdictions, such as in England and Wales and in Scotland.

In 2000, the Victorian Government requested a review of aspects of Victoria's sentencing laws, which was undertaken by Professor Arie Frieberg. The 2002 report arising out of that review, Pathways to Justice, recommended a number of changes to Victoria's sentencing system, including the establishment of a Victorian Sentencing Advisory Council.^[5] That legislation was passed in 2003, and the Council formally came into operation in 2004.^{[citation needed]} Professor Frieberg was the inaugural Chair of the Council from 2004 to his retirement in 2022^[6] and was also the Chair of the Tasmanian Sentencing Advisory Council until 2021.^[7]

The legislation establishing the Council outlines a number of specific qualifications to be nominated by the Attorney-General of Victoria and then appointed by the Governor of Victoria. Some of the qualifications include the need for a person to be considered a highly experienced prosecution and defence lawyer with other criminal justice experience.^[8][5]

Over the years, Victoria’s Attorney-General has given the Council terms of reference seeking its advice on a range of topics, such as the sentencing of family violence offenders,^[9] reforms to restitution and compensation orders^[10] and the introduction of a sentencing guidelines council.^[11] The Council’s responses to terms of reference have resulted in changes to maximum penalties for offences^[12] and breaches of intervention orders;^[13] the abolition of suspended sentences,^[14] the introduction of a sentence indication scheme^[15] and the addition of hatred and prejudice as a factor in sentencing.^{[16][original research]}

The Council hosts an online interactive sentencing simulation known as ‘Virtual You be the Judge’,^[17] presenting face-to-face community education sessions for adults, developing and publishing teaching materials and lesson plans,^[18] and developing and publishing plain-language guides to sentencing law and practice.^[19]

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