Sentencing in Australia: issues, policy and reform


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


  • 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