The Victorian Sentencing Advisory Council: incorporating community views into the sentencing process

Source: (2008) In Arie Freiberg and Karen Gelb, Eds., Penal Populism, Sentencing Councils and Sentencing Policy. Cullompton, Devon UK: Willan Publishing. Pp.148-164

Sentencing is as much about politics as it is about law or criminology. It is as much about the emotional, affective and symbolic elements of crime, order and safety as it is about the rational, effective and instrumental aspects of law-making, judging and the disposition of offenders (Pratt, 2000; Freiberg, 2001). Sentencing has a cathartic as well as a utilitarian function (Stannard, 2002) and it is a process that is played out not only in the courts but in the broader arena of public opinion. (Excerpt) This article covers subjects such as the historical role of the Victorian public in the policy process, the 2002 Victorian Sentencing Review, recommending a Victorian Sentencing Advisory Council, and the creation of the Sentencing Advisory Council.