Have New South Wales criminal courts becomemore lenient in the past 20 years?

May, 2015

By Matthew Carney, Criminal Lawyer

Legal Disclaimer

This presentation is offered for general information

purposes only. It does not constitute specific legal

advice or opinion. You should not act or rely upon

any of the information contained within this

seminar without seeking the advice of a qualified

solicitor who specialises in the particular area of

expertise and jurisdiction that you require.

Introduction: The Study

In March 2015 Bureau of Crime Statistics and Research (BOSCAR) released a study after reviewing NSW Higher and Local Court outcomes to determine whether they have become more lenient across a range of offence categories.

There were 3 major findings in this study.

Introduction: The 3 Major Findings

NSW criminal courts have:

1. Become more restrictive in the granting of bail;

2. Increased their use of imprisonment for convicted offenders; and

3. Lengthened the average sentences across many offence types in the past two decades

The Impact of Public Perception

The research was undertaken due to previous research by BOSCAR that had shown that the NSW public generally underestimate the severity of sentences imposed by NSW courts on convicted offenders.

The same research also suggests that the perception of leniency in sentencing undermines public confidence in the administration of the criminal justice system.

The Proof

BOSCAR examined trends from 1994 to 2013 in bail outcomes, the use of imprisonment as a sanction for convicted offenders, and average length of prison sentence imposed for convicted offenders.

The study found that there is no evidence that the NSW criminal courts have become more lenient overall in the past two decades; on the contrary, sentencing has become more severe in many offence categories.

The Trend

The graph on the next slide shows the percentage of defendants appearing in the NSW Higher Courts between 1994 and 2013 who were refused bail.

The graph shows a significant upward trend in the proportion of defendants refused bail over the 20 year period from 26.1 per cent in 1994 to 47.7 per cent in 2013.

The Trend

Defendants appearing in the NSW Higher Courts between 1994 and 2013 who were refused bail:

The Local Courts

BOSCAR also examined Local Court trends and found that the proportion of all defendants refused bail in NSW Local Courts between 1994 and 2013 again had an upward trend over the 20 year period, from 4.7 per cent of defendants being refused bail in 1994 to 8.8 per cent in 2013.

Imprisonment Used in Higher Courts

In addition to more individuals being refused bail, BOSCAR examined the proportion of convicted offenders who received a sentence of imprisonment in NSW Higher Courts from 1994 to 2013, by offence type.

Imprisonment Used in Higher Courts

From the table on the next slide, the use of imprisonment in NSW Higher Courts increased significantly for 10 of the 15 offence categories presented from 1994 to 2013 with the other 5 categories remaining stable during the same period.

Imprisonment Used in Higher Courts

Percentage of convicted offenders imprisoned, 1994 to 2013:

Imprisonment Used in Local Courts

BOSCAR also examined the trends in the proportion of convicted offenders who received a sentence of imprisonment in NSW Local Courts.

BOSCAR again found that the percentage of offenders imprisoned by the Local Courts increased significantly for 10 of the 15 offence categories.

Summary

Not only did the report show that more people were being sentenced to imprisonment but those sentenced to imprisonment saw an increase in the length of time spent in custody for 6 of the 15 offence categories in NSW Higher Courts and 10 of the 15 offence categories in NSW Local Courts with all other categories remaining stable between 1994 and 2013.

Summary

Over the last 20 years in NSW, the proportion of defendants refused bail, the proportion of convicted offenders given a prison sentence and the average length of prison terms, have all risen.

Turnbull Hill Lawyers – Contact Us

If you have any further questions about the criminal courts or you'd like to discuss a related matter call:

Matthew Carney on 1800 994 279 or email him.

We will endeavour to respond to your enquiry within 24 hours.

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