Statutory Sentencing Discounts for Pleas of Guilty, Sentence Advisory Council Consultation Paper

In August 2017, the Acting Attorney-General and Acting for and on behalf of the Minister for Justice, the Hon Matthew Groom MP, requested that the Sentencing Advisory Council (the ‘Council’) examine and report on a statutory sentencing discount for pleas of guilty in Tasmania. This was a response to concerns in relation to delay in criminal proceedings and late-resolving guilty pleas, in particular the significant impact on the efficiency of the administration of justice and the court system and the unnecessary additional stress and trauma for victims, victims’ families and other vulnerable participants in the criminal trial process. The Government considered that the introduction of a statutory sentencing discount for pleas of guilty may have the potential to encourage appropriate pleas of guilty thereby reducing unnecessary delays and demands on the court system. However, the government noted that the introduction of a statutory discount for pleas of guilty required careful consideration so that unintended consequences that derogate from a defendant’s right to plead not guilty and receive proper advice of the case against him or her are not affected.