Papers to note: Law Reform Commission report on juries in sentencing

07/11/2007

The New South Wales Government has accepted the advice of the NSW Law Reform Commission report�into the role of juries in sentencing, which says increasing their involvement would cause undue delays in trials. The commission examined whether judges should consult with juries in private before a sentence is handed down, but has recommended against it after receiving 21 submissions opposing any change.

The reasons, as outlined in the attorney general's media release, include:

• a possible increase in appeals by defence lawyers
• it could lead to more litigation, higher costs and longer cases forcing victims to spend longer in court
• jurors may base their views on personal experience
• the sentencing process involves complex and often contradictory legal principles and could require specialised training
• overseas experiences of jury sentencing found no support for the proposal and no other jurisdiction in Australia allows it judges have access to additional material unavailable to juries, such as psychiatric reports, which they also base their decisions on.

Download a copy of the Law Reform Commission Report>

7 November 2007

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