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Sentencing Advisory Council Annual Report 2004-5

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Sentencing Advisory Council Annual Report 2004-5 Annual Report 2004–05 Sentencing Advisory Council of Victoria Annual Report 2004–05 1 Contents Sentencing Advisory Council of Victoria Annual Report 2004–05 Chair’s Foreword 2 Chief Executive Officer’s Report 4 Our Functions, Visions and Objectives 6 Council Members 8 Our People 10 Launch of the Council 11 Our First Reference: Suspended Sentences 12 Statistics 14 Measuring Public Opinion 15 Community Outreach and Education 16 Speaking Engagements and Media Articles 18 Organisational Governance and Statutory Compliance 19 Financials 21 2 Sentencing Advisory Council of Victoria Annual Report 2004–05 Chair’s Foreword Professor Arie Freiberg “The first year of the Council has been an exhilarating and rewarding experience for both Council members and staff.” The establishment of the Sentencing Advisory Council Though there have been a number of inquiries into marks a major step forward in the evolution of sentencing in Victoria and a short-lived and inadequately Victorian sentencing policy. Sentencing has resourced Judicial Studies Board with similar functions traditionally been the preserve of judges, lawyers, established in the early 1990s, there has not been an public servants, academic experts and those close institutional framework in this state to provide the judiciary, to government. However, sentencing is as emotive as the legal profession, the government and the public with it is complex, and public sentiment regarding the information it requires to develop a rational sentencing individual decisions can be a powerful indicator of policy. Victoria has lacked an independent Bureau of whether sentencing outcomes accord with communal Crime Statistics and Research to provide policy makers values or expectations. with accurate and timely data about sentencing practices and the effectiveness of sentences. Victoria has also lacked an institutional mechanism to provide persons with an interest in sentencing, whether they be victims, legal practitioners or members of the public, with a place to express their views and concerns. The Sentencing Advisory Council has done this in two important ways. First, through the composition of the Council itself, members of the various communities that make up the criminal justice system are represented by committed, articulate and experienced Council members. Secondly, through community consultations a wide range of people have been offered, and have accepted, the opportunity to engage in the policy making process. Sentencing Advisory Council of Victoria Annual Report 2004–05 3 The first year of the Council has been an exhilarating and I am equally grateful for the support provided by rewarding experience for both Council members and staff. Ms Jo Metcalf and all of the Council’s staff. They are a The Council has had to develop policies and procedures diverse and talented group which has had to come to from the ground up, and, more importantly, has had to terms with the task of establishing a new organization of learn how to function as a group. Given the diversity of which much is expected. They have discharged their duties backgrounds and opinions, it is remarkable and gratifying with an enthusiasm and ability which has meant that the that it has carried out its duties so constructively and Council has been able to achieve a great deal in its first collegially. As intended by Parliament, the Council’s year. However, much is still to be done. We look forward diversity is its strength. I am grateful to my fellow Council in the coming year to building upon the strong foundations members for their commitment to the task, their willing- created and to producing information, research and advice ness to become involved in a wide range of activities, their of the highest quality which will assist all of those involved good humour and for their spirit of co-operation. in the difficult task of sentencing. Professor Arie Freiberg Chair 4 Sentencing Advisory Council of Victoria Annual Report 2004–05 Chief Executive Officer’s Report Ms Jo Metcalf “The Council’s vision is to bridge the gap between the community, the courts and government by informing, advising and educating on sentencing issues. This first annual report reflects on the Council’s achievements during its establishment phase.” A YEAR IN REVIEW The first set of twelve appointments to the Council was There is also a particular demand for timely, accurate and announced in July 2004, shortly after I took up my role as more detailed statistics on trends and issues in Chief Executive Officer. The Council has met monthly since sentencing. As the 2002 Pathways review noted, Victoria’s September 2004, and working groups and sub- criminal justice statistical information base is amongst the committees have also been convened as required. least developed of any in Australia. A major challenge for the Council in its first year has been to build the Council’s Establishing a new organisation has proved to be a statistical capability so as to enable the publication of challenging, multi-faceted and exciting process. As for any useful, high quality statistical information. The Courts new body, the initial focus has been on a range of Statistical Services Unit within the Department of Justice is foundational tasks, including planning the Council’s the primary collection point for courts data on sentencing, strategic research and project priorities, setting up the and I would like to thank Noel Moloney and his staff for physical office environment, recruiting staff, developing their dedication and hard work in assisting the Council resources and raising awareness of the Council’s role and fulfil its statistical mandate. future activities. COUNCIL STAFF Despite the demands of these activities, the Council has The ability to attract and retain highly skilled and already produced a number of publications and has motivated staff is crucial to ensuring that the Council’s undertaken several community education activities, in publications and community engagement activities are of addition to extensive community consultation on the the highest quality. As the work program of the Council suspended sentences review. crystallised, the mix of specialist skills required in the secretariat began to emerge, enabling recruitment to Feedback from judges, magistrates and the general progress. I am delighted with the talent and commitment community about the quality and effectiveness of the of each member of the team and appreciative of their Council’s publications and activities has been support. All staff have taken up their roles enthusiastically overwhelmingly positive. It is evident that there is and have demonstrated flexibility in a fluid environment. widespread support for the public education role of the The Council’s student research placement program has Council as a means of promoting informed public debate. also been highly successful in attracting talented students to assist the Council in fulfilling its work program. I look forward to the expansion of this program, which assists the Council in forging strong links with research institutions, over the coming year. Sentencing Advisory Council of Victoria Annual Report 2004–05 5 CORPORATE IDENTITY The Council worked with Andrew Hogg Design to develop Meeting these compliance obligations has been a sizeable its logo and corporate identity. The challenge was to task for a small organisation. Thanks are due to Domenic design a logo which would reflect the Council’s unique role Mazza, Audit Committee Chair, and the other members of as a body established to incorporate a broader range of the Audit Committee. I also thank Tony Cooper, who perspectives into the development of sentencing policy. agreed to take on the role of Chief Financial Accounting The twelve squares represent the twelve individuals who Officer, and who has been a welcome source of expert join to form the Council, each of whom bring a different finance advice generally throughout the year. experience of the criminal justice system. Different green tones are used to signify unity, as well as diversity, of COUNCIL MEMBERS opinion. The forward momentum suggested by the design I would like to thank the members of the Council, all of heralds a new era in the evolution of sentencing policy in whom have shown great personal commitment to their Victoria and positions the Council as innovative and work. Finally, I thank Council Chair Professor Arie Freiberg forward-looking. for his support, and for his infectious passion for all things to do with sentencing. He has been a wonderful influence GOVERNANCE ARRANGEMENTS and mentor. While the Council is an independent statutory authority, it is also subject by law to a range of accountability requirements by virtue of its status as a public sector agency. Early on, the Council set itself an ambitious goal to complete compliance certification under the Financial Management Certification Framework in conjunction with Ms Jo Metcalf the Department of Justice. A raft of policies and Chief Executive Officer procedures were progressively established over the course of the year to ensure compliance with the framework. Tasks included developing a comprehensive risk register, setting up an Audit Committee and Charter, and approval of the appointment of a Chief Financial Accounting Officer. 6 Sentencing Advisory Council of Victoria Annual Report 2004–05 Our Functions, Visions and Objectives The Sentencing Advisory Council is an independent statutory body that was established in 2004 under amendments to the Sentencing Act 1991. OUR FUNCTIONS OUR VISION The Sentencing Advisory Council is an independent The Sentencing Advisory Council aims to bridge the gap statutory body that was established in 2004 under between the community, the courts and government by amendments to the Sentencing Act 1991. The Council informing, educating and advising on sentencing issues. was formed to implement a key recommendation arising out of a review of aspects of sentencing in Victoria by While the Council has been established as an independent Professor Freiberg in 2002 entitled Pathways to Justice.
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