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ACT to establish sentencing advisory council

The ACT Government will establish an advisory council to offer advice on potential law reform amidst mounting community pressure to review the territory’s sentencing and bail laws.

According to the Government, the council will keep the law “current and relevant for the ACT community”. The council will also have a sentencing advisory role which may include collection analysis and publication of data on sentencing trends and practices.

Attorney-General Shane Rattenbury.

It comes amidst intense pressure on Attorney-General Shane Rattenbury from the Australian Federal Police Association, the Director of Public Prosecutions and families of victims of crime who have criticised the current state of the laws.

The ACT Opposition has also threatened to call for the resignation of Rattenbury if he does not conduct a full review into the laws, following the release of data which showed the ACT is on track to record its highest ever number of breaches of bail by offenders in a single year.

The establishment of the council will be funded out of the Confiscated Assets Trust.

The purpose of the trust is broadly to deprive a person of any unexplained wealth derived from serious criminal activity, which has been approved to be used towards activities associated with criminal justice and crime prevention.

The government says the council will have broad membership and include representation from the community and justice sector, including ACT Police, ACT Courts, the ACT Bar Association, the ACT Law Society, and the legal assistance sector.

“Members would be appointed in their personal capacity to reflect diverse and expert perspectives on law reform, including Aboriginal and Torres Strait Islander representatives,” says the government.

Attorney-General Shane Rattenbury said this new independent Council will undertake a critical advisory function on law reform and sentencing issues.

“In the past months, we have seen calls from within the community for changes to sentencing. This council will operate independently, to address issues as they arise in a considered and consultative fashion,” said Rattenbury.

“Instead of a once off review, this Council will be a lasting mechanism that will be both proactive and reactive in considering sentencing issues.

“The council will undertake community and stakeholder consultation, and conduct and publish research, in order to make recommendations on law reform and sentencing issues referred to it.”

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