Source: (2008) In Arie Freiberg and Karen Gelb, Eds., Penal Populism, Sentencing Councils and Sentencing Policy. Cullompton, Devon UK: Willan Publishing. Pp.191-199

This chapter focuses on the following six issues: 1.The Law Commission's research method is set out, in order to explain the amount of consultation that accompanied is production. 2. The deficiencies in the South African sentencing system are listed, as found by the Law Commission. This is followed by a brief opinion whether these shortcomings remain, or whether they have been superseded by other problems. 3. The Law Commission's main proposals for changing the current sentencing system are discussed. 4. The role of the Sentencing Council within the changed system is addressed in some detail. 5. An attempt is made to explain why these proposals were thought to provide the best cure for the current deficiencies. 6. Finally, an assessment is made of whether the stated proposals remain the best solution to the problems facing sentencing in South Africa. (Excerpt)