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Sentencing - Question Papers 5-7 (2012)


We released for public comment a further three question papers relating to the review of the Crimes (Sentencing Procedure) Act 1999 (NSW) ('the Act') following on from Question Papers 1-4.

The papers examined full-time imprisonment and the various other custodial and non-custodial sentencing options. They also asked whether there are other sentencing options which could be introduced in addition to the existing options.

Question Paper 5: Full-time imprisonment  - examined structures of full-time imprisonment, including short terms of imprisonment, reviewing the balance between non-parole and parole periods, and aggregate sentences.

Question Paper 6: Intermediate custodial sentencing options  - analysed the intermediate custodial alternatives to full-time imprisonment and asked how they could be improved:

  • compulsory drug treatment detention;
  • home detention;
  • intensive correction orders;
  • suspended sentences; and
  • rising of the court.

It also asked whether there are other intermediate custodial sentencing options (such as periodic detention) which could be introduced in addition to these existing options.

Question Paper 7: Non-custodial sentencing options  - analysed the non-custodial alternatives and asked how they could be improved:

  • community service orders;
  • s 9 bonds;
  • fines; and
  • non-conviction orders.

It also asked whether there are other non-custodial sentencing options (such as work development orders and fines held in trust) which could be introduced in addition to these existing options.

For ease of reference, we have extracted the questions from each question paper into a separate document - Consultation Papers 5-7: Consolidated questions.