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Bar Association rejects calls for sentencing review

THE ACT Bar Association has called suggestions for a review into the territory’s sentencing and bail laws “unnecessary”.

“There is a review process already in force,” said the Association in a statement released this morning (October 7).

“Any sentencing decision of either the Magistrates or Supreme Courts can be appealed by either the Director of Public Prosecutions or the offender.

“The Director has a further power to seek a review of a bail decision made by either a Magistrate or a Justice of the Supreme Court in respect of family violence or serious offences.

“The Supreme Court is able to conduct a review of the decision to grant bail if there are exceptional circumstances and it is in the public interest to do so.

“There are significant hurdles to the grant of bail for repeat offenders, particularly those who were on bail at the time of committing a further offence. In relation to sentencing, the maximum penalties available at sentence are substantial.”

It follows ACT Attorney-General Shane Rattenbury announcing the establishment of a sentencing advisory council that will offer advice on potential law reform.

Rattenbury has in recent weeks faced pressure to review the territory’s sentencing laws from the Australian Federal Police Association, families of victims of crime, and the ACT Opposition.

But the Bar Association says tougher laws will not resolve the issues underlying criminal offending which it says often lie in abject social disadvantage, disengagement and drug addiction.

“These issues must be addressed in conjunction with the criminal justice system in order for there to be any real progress with respect to criminal offending in the Canberra community,” said the Association.

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