Informing the Discretion: The Sentencing Information System of the Judicial Commission of New South Wales

Abstract:     
The unfettered sentencing discretion of a judge is a cornerstone of criminal justice in common law jurisdictions. However, with the growing complexity of laws and, in some cases, an increase in the amount of criminal matters, some jurisdictions have restricted the discretion by imposing guidelines on sentencing. The New South Wales approach has been different. It has established a sentencing information system to provide judges with legal, factual and statistical data. The purpose of the system is not to curtail discretion, but to better inform it, and so achieve consistency of approach throughout the jurisdiction. This article traces the development of the New South Wales system, analyses the technology used and the types of data assembled, and provides a hypothetical case study to provide readers with an insight into how it works.

Accepted Paper Series