Standing Committee on Justice and Community Safety Report 4/2015: Inquiry into Sentencing

Report: Standing Committee on Justice and Community Safety Report 4/2015: Inquiry into Sentencing

Table 50 - Government Response: Standing Committee on Justice and Community Safety Report 4/2015

Recommendation No. and Summary

Action

Status

Recommendation 8

The Committee recommends that the ACT Government propose legislative amendments to the Legislative Assembly that would, if passed, see the ACT adopt legislative provisions requiring that appeals be lodged with courts within 28 days of sentence decisions being brought down.

Agreed in principle

This amendment was included in the Courts and Other Justice Legislative Amendment Bill 2020 (Incoming Government Legislation Program).

Complete

Recommendation 10

The Committee recommends that the ACT Government introduce legislation in the Legislative Assembly which, if passed, would provide a remedy in statute for delays causing loss to an accused through no fault of that accused.

Agreed in principle

This matter remains under consideration.

In progress

Recommendation 11

The Committee recommends that the ACT Government propose legislative changes to the Legislative Assembly which, if passed, would increase options available to judicial officers so as to provide alternatives to placing accused persons on remand.

Agreed in principle

The Ngurrambai Bail Support Program is currently operating and being evaluated. The Program involves the creation of a care plan that helps with support, treatment and monitoring during the bail period to support the successful completion of bail conditions. 

In progress

Recommendation 17

The Committee recommends that the ACT Government institute enhanced reporting on recidivism in the ACT and focus on measuring performance against those figures.

Agreed in principle

The Reducing Recidivism by 25% by 2025 Plan was released in August 2020. The plan includes seven key focus pillars and work is currently underway to ensure that there are adequate measures to highlight achievements against each pillar. The dedicated Reducing Recidivism team within the JACS Directorate will work closely with justice stakeholders to consider more granular indicators of progress and success. A number of indicative measures will be used as complementary indicators of how the ACT is tracking against the plan. 

Complete

Recommendation 18

The Committee recommends that the ACT Government introduce changes to legislation in the Legislative Assembly which, if passed, would explicitly require courts to consider the Indigenous status of offenders at sentencing.

Agreed

The JACS Directorate is continuing to explore options to progress this recommendation. 

In progress

Recommendation 20

The Committee recommends that the ACT Government create a specific mechanism for the creation of reports similar to Gladue reports in Canada, informing courts of any relationship between an accused’s offending and his or her Indigenous status.

Agreed in principle

The JACS Directorate is continuing to explore options to progress this recommendation. 

In progress

Recommendation 21

The Committee recommends that the ACT Government ensure that Indigenous case workers make a significant contribution to the creation of reports informing courts of any relationship between an accused’s offending and his or her Indigenous status.

Agreed in principle

The JACS Directorate is continuing to explore options to progress this recommendation. 

In progress

Recommendation 22

The Committee recommends that the ACT Government ensure that it engages the ACT Indigenous community, and provides a diversity of sentencing options, so as to foster appropriate pathways for the punishment and rehabilitation of Indigenous offenders and reduce rates of Indigenous imprisonment in the ACT.

Agreed

The JACS Directorate is working with the ACT Aboriginal and Torres Strait Islander community and key community partners on the co-design of programs to break the cycle of Aboriginal and Torres Strait Islander recidivism.    

In progress

Recommendation 33

The Committee recommends that the ACT Government create a coordinating function that ensures that courts and other agencies are provided with up-to-date information on services that are available for the referral of children, young people and adult offenders in the ACT.

Agreed

The JACS Directorate will assess existing services and consider how a coordinating function may best be implemented.            

In progress