Sentence Indications

Question 1

When was the reform put in place?

Answer 1

The Sentence indications reform was introduced following the passing of the Justice Legislation Act which received Royal Assent on the 15th of February 2022

Question 2

What does the reform do?

Answer 2

Gives Victorian judges increased powers to give an accused person charged with an indictable offence an indication of what their sentence will be and the maximum time the sentence will be.

Question 3

What is the benefits of the reform?

Answer 3

Help assist the justice system in recovering COVID-19-related delays and reduce the significant backlog of cases as Sentence indication will help give clarity to accused in hopes they will plead guilty

Question 4

What does this mean for the views of the victim?

Answer 4

This reform also allowed for the victim’s views to be consulted by the DPP before a sentence indication. The reform, though the prosecution’s consent is no longer required to make the application, still allows the prosecution to oppose the application at the sentence indication hearing.

Question 5

What factor does this reform address?

Answer 5

The sentence indication reform addresses court delays, which is a form of time factor that affects the ability that the court to achieve the principles of justice. It addresses court delays by encouraging an early guilty plea, after giving an indication of what the likely sanction may be and the term it may be.

Question 6

How does this reform uphold fairness?

Answer 6

• Sentence indications are conducted in an open court.
• Inspires early guilty plea (more than before, as now the Accused can know what kind of sentence and how long it will be, which can help decide further if they want to plead guilty earlier)
• Reduces Delays
• Delays can cause emotional strain on the accused (relationships between family and friends, stigma placed on accused)
• If the accused is held on remand, then there can be physical or mental factors that may affect the accused ability to prepare a case adequately.
• Long delays can also affect evidence, as witnesses can lose their memory over time.

Question 7

How does this reform not uphold fairness?

Answer 7

• Lessens the impact or need for a victim impact statement as the court will not need to hear as much evidence to decide on an indication, that may seem offensive to the victim.
• Avoids the need for charges to be proven beyond a reasonable doubt.
• Judge is not obliged to grant the accused’s request for the indication

Question 8

How does this reform uphold equality?

Answer 8

• Delays can affect those who are most vulnerable in the process - children, pensioners, and people who suffer from disabilities, as delay can cause this person to be put in a more disadvantageous position than before

Question 9

How does this reform uphold access?

Answer 9

• A early guilty plea as a result of Sentence indication allows for other cases to be heard on trial and reduces the backlog of cases

Question 10

How does this reform not uphold the principle of equality?

Answer 10

Ask Mr Poulton