Executive summary and recommendations Responding to family violence is a responsibility shared across government, the criminal justice system and the wider community. One part of the broader criminal justice response is the sentencing, and management under sentence, of family violence offenders. In March 2016, the Royal Commission into Family Violence recommended that the Sentencing Advisory Council (‘the Council’) examine one aspect of sentencing and managing family violence offenders, namely ‘the desirability of and methods for accommodating “swift and certain justice” approaches to family violence offenders in Victoria’s sentencing regime’ (Recommendation 83). Subsequently, in September 2016, the Attorney-General requested such advice from the Council in the form of terms of reference, and this report constitutes the Council’s response to those terms. Terms of reference The terms of reference ask the Council to examine the empirical evidence and provide advice on whether the criminal justice system response known as the ‘swift, certain and fair’ (SCF) approach is desirable in the sentencing and management under sentence of family violence offenders in Victoria. The Council has also been asked, in the event that the government introduces some form of ‘swift and certain’ approach, to provide advice on the following matters: which specific approaches are preferred within the Victorian context; whether there are particular groups of family violence offenders at which swift and certain approaches should be focused; whether modifications to current laws and sentencing practice and procedure are needed to support preferred swift and certain approaches; whether additional sentencing options are needed to support preferred swift and certain approaches;
Executive summary and recommendations Responding to family violence is a responsibility shared across government, the criminal justice system and the wider community. One part of the broader criminal justice response is the sentencing, and management under sentence, of family violence offenders. In March 2016, the Royal Commission into Family Violence recommended that the Sentencing Advisory Council (‘the Council’) examine one aspect of sentencing and managing family violence offenders, namely ‘the desirability of and methods for accommodating “swift and certain justice” approaches to family violence offenders in Victoria’s sentencing regime’ (Recommendation 83). Subsequently, in September 2016, the Attorney-General requested such advice from the Council in the form of terms of reference, and this report constitutes the Council’s response to those terms. Terms of reference The terms of reference ask the Council to examine the empirical evidence and provide advice on whether the criminal justice system response known as the ‘swift, certain and fair’ (SCF) approach is desirable in the sentencing and management under sentence of family violence offenders in Victoria. The Council has also been asked, in the event that the government introduces some form of ‘swift and certain’ approach, to provide advice on the following matters: which specific approaches are preferred within the Victorian context; whether there are particular groups of family violence offenders at which swift and certain approaches should be focused; whether modifications to current laws and sentencing practice and procedure are needed to support preferred swift and certain approaches; whether additional sentencing options are needed to support preferred swift and certain approaches;
Swift_Certain_Fair_Approaches_Sentencing_Family_Violence_Offenders_Report.docx