Expanding the Role of Victims and the Community in Sentencing

(2011) 35 Criminal Law Journal 21

U. of Adelaide Law Research Paper No. 2014-09

17 Pages Posted: 6 Mar 2014

See all articles by Adam Webster

Adam Webster

University of Oxford - Blavatnik School of Government

Date Written: 2011

Abstract

In 1989, South Australia became the first State in Australia to allow victims to provide input into the sentencing process. In 2010, the Criminal Law (Sentencing) Act 1988 (SA) was amended to allow a victim to make a recommendation as to sentence. The amendment will also allow the prosecutor or the Commissioner of Victims’ Rights to furnish the sentencing court with a “neighbourhood impact statement” or a “social impact statement”. This article examines the likely effect of the amendments.

Keywords: Sentencing, Victim impact statement, community impact statement, neighbourhood impact statement, social impact statement, victim’s rights, Criminal Law (Sentencing) Act 1988, Commissioner of Victims’ Rights

JEL Classification: K32

Suggested Citation

Webster, Adam, Expanding the Role of Victims and the Community in Sentencing (2011). (2011) 35 Criminal Law Journal 21; U. of Adelaide Law Research Paper No. 2014-09. Available at SSRN: https://ssrn.com/abstract=2404745

Adam Webster (Contact Author)

University of Oxford - Blavatnik School of Government ( email )

10 Merton St
Oxford, Oxfordshire OX1 4JJ
United Kingdom

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