Assess the role discretion plays in the sentencing and punishment of offenders Protects individuals rights Right to silence New caution Mandatory sentencing for murder of police officer ICO’S replace periodic detention Bail reform 2013 bail act The many levels of discretion play a crucial role in the protection of the individual rights of the offender, the victim and the wider community. Discretion is instrumental in achieving justice and allows the judge to adapt sentencing to take into account the circumstances of the case and the offender. Discretion is the power of the judge to choose between available forms of sentencing Sentencing and punishment, has actively involved the discretion of judges and magistrates through the factors affecting a sentencing decision. The judiciary punishes offenders within the guidelines set by the Crimes (Sentencing Procedure) Act 1999 (NSW). The Article “Die in Jail: Carr’s new sentences” outlines how new laws will now retain judge’s discretion to impose a penalty below the minimum standard, but Judges must give explanation for their decision. Under this law Judges must give the minimum prison sentence, unless there are mitigating factors. The objectives of sentencing and punishment aim for protection, rehabilitation and deterrence. It is when considering post-sentencing considerations that again judicial discretion is involved. Commonly the system fails to look at the considerations of the victims, the 2010 article “Victims must be heard in sentencing” by the Attorney General, John Hatzistergos, explains the importance of hearing the victims review of the effectiveness of sentencing and
Assess the role discretion plays in the sentencing and
punishment of offendersProtects individuals rightsRight to
silenceNew cautionMandatory sentencing for murder of police
officerICOS replace periodic detentionBail reform 2013 bail actThe
many levels of discretion play a crucial role in the protection of
the individual rights of the offender, the victim and the wider
community. Discretion is instrumental in achieving justice and
allows the judge to adapt sentencing to take into account the
circumstances of the case and the offender. Discretion is the power
of the judge to choose between available forms of sentencing
Sentencing and punishment, has actively involved the discretion
of judges and magistrates through the factors affecting a
sentencing decision. The judiciary punishes offenders within the
guidelines set by the Crimes (Sentencing Procedure) Act 1999 (NSW).
The Article Die in Jail: Carrs new sentences outlines how new laws
will now retain judges discretion to impose a penalty below the
minimum standard, but Judges must give explanation for their
decision. Under this law Judges must give the minimum prison
sentence, unless there are mitigating factors. The objectives of
sentencing and punishment aim for protection, rehabilitation and
deterrence. It is when considering post-sentencing considerations
that again judicial discretion is involved. Commonly the system
fails to look at the considerations of the victims, the 2010
article Victims must be heard in sentencing by the Attorney
General, John Hatzistergos, explains the importance of hearing the
victims review of the effectiveness of sentencing and punishment.
It emphasises that in order for judiciary to use their discretion
to bring justice, they must implement appropriate procedures into
post-sentencing considerations.
