find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Legal Counsel
Category: Corporate and Commercial Law | Location: North Sydney NSW 2060
· 18 month fixed term contract · 3-5 years PQE with TMT exposure
View details
Vic Govt defers mandatory sentencing

Vic Govt defers mandatory sentencing

Allowing further consultation on the issue, the Victorian Government has deferred the introduction of statutory minimum sentences for juvenile defenders - a move welcomed by the Law Institute of…

Allowing further consultation on the issue, the Victorian Government has deferred the introduction of statutory minimum sentences for juvenile defenders - a move welcomed by the Law Institute of Victoria.

According to acting LIV president Michael Holcroft, in its recommendations, the Sentencing Advisory Council (SAC) has largely adopted the submission put forward by the LIV.

The SAC adopted LIV's view that new offences attracting mandatory sentences should be created for particularly serious offences resulting in severe injury, such as long-term serious impairment, long-term serious disfigurement or loss of foetus.

The report also adopted the LIV's view that judicial officers still retain discretion in sentencing to allow them to take into account individual "special circumstances" such as intellectual disability, mental illness, psycho-social immaturity. The SAC also recommended that offences of causing severe injury be excluded from the jurisdiction of the Children's Court.

According to Holcroft, the LIV remains opposed to mandatory sentences, and is particularly concerned that there is still potential for them to be introduced for juvenile offenders.

"We will be working with the Government to do all we can to ensure that the focus for dealing with juvenile offenders is on rehabilitation rather than ensuring they follow a life of crime beginning in a Youth Justice Centre," said Holcroft.

"The Sentencing Advisory Council has listened to the voices of the legal profession and youth social workers and I encourage the Government to do likewise before introducing legislation for young offenders."

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Vic Govt defers mandatory sentencing
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
LCA president Fiona McLeod SC
Aug 17 2017
Where social fault lines meet the justice gap in Aus
After just returning from a tour of the Northern Territory, LCA president Fiona McLeod SC speaks wit...
Marriage equality flag
Aug 17 2017
ALHR backs High Court challenge to marriage equality postal vote
Australian Lawyers for Human Rights (ALHR) has voiced its support for a constitutional challenge to ...
Give advice
Aug 17 2017
A-G issues advice on judiciary’s public presence
Commonwealth Attorney-General George Brandis QC has offered his advice on the public presence of jud...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...