Review of customary law in bail and sentencing decisions

16/09/2008

The Criminal Justice Division of the Commonwealth Attorney-General's Department is conducting a review of the impact which the Northern Territory National Emergency Response Act 2007 has had upon�bail and sentencing legislation and�the department�is interested in receiving input from members of the New South Wales Bar.��

The Crimes Amendment (Bail and Sentencing) Act 2006 provided that customary law and cultural practice could not be taken into account to lessen or aggravate the seriousness of an offence in bail and sentencing decisions. Under the Northern Territory Emergency Response, the�Australian Government�legislated to bring Northern Territory bail and sentencing laws into line with those of the Commonwealth.

The�Australian Government will be reviewing the operations of sections 15AB, 16A, 19B, 23WI, 23WO and 23WT of the _Crimes Act 1914 _to assess the impact of amendments limiting consideration of customary law and cultural practice.

The Law Council of Australia has been asked to provide information, such as relevant experiences or observations by members of its constituent bars and law societies.

Members of the New South Wales Bar Association are encouraged to provide any relevant information that could be included in the Law Council's submission. The information should be forwarded to Chris Ronalds SC directly on **ronalds@fjc.net.au or ph: (02) 9229 7378 as soon as possible.**

16 September 2008