NCJ Number
228012
Date Published
November 2008
Length
8 pages
Annotation
This study explored trends in bail and sentencing outcomes in New South Wales (NSW) for NSW Higher and Local Courts.
Abstract
Results of the analysis indicate that, contrary to public opinion, courts in NSW have become harsher rather than more lenient when making bail and sentencing decisions. The proportion of defendants remanded in custody at their final court appearance had doubled in both jurisdictions across the last 15 years. The use of imprisonment had also increased for most offense categories in NSW Higher and Local Courts. Between 1993 and 2007, Higher Courts and Local Courts in NSW appeared to have become more restrictive in their administration of bail, and more severe in the sentencing of convicted offenders. The only offense category for which sentencing outcomes had become less restrictive was the length of prison sentences handed down to people convicted for fraud offenses in the Higher Courts. In Local Courts, the proportion of defendants refused bail in all 11 offense categories rose significantly between 1993 and 2007. The proportion of offenders sentenced to prison in Local Courts increased significantly for 8 out of the 11 offense categories, while the average length of imprisonment rose for 9 of the 11 offense categories. This report provides an update on sentencing trends in NSW Higher and Local Courts from 1993 to 2007, and examines trends in bail outcomes for NSW Higher and Local Courts over the same 15 year period. Figures, tables, references, and notes