Description

This background paper seeks to examine those principles and obligations as they apply to Australia’s mandatory sentencing laws. It provides a review of the range of mandatory sentencing regimes across Australia and seeks to address arguments which are commonly used to support such sentencing regimes. The Law Council’s key concerns are then set out in relation to mandatory sentencing, noting the relevant judicial authority on this issue. The paper also briefly explores some possible policy alternatives to mandatory sentencing, including: justice reinvestment strategies; diversionary non-custodial options; and measures that seek toaddress underlying social problems before crime happens.