Chris Macklin: Law Society Criminal Law Committee Convenor on the Government's changes to sentencing reforms

The Government's edging towards becoming more prescriptive with its sentencing reforms.  

It's introducing changes to lengthen sentences for some crimes including creating a new aggravating factor and limiting sentencing discounts. 

Law Society Criminal Law Committee Convenor Chris Macklin says it's early days, but it looks like there's still some room for discretion. 

He told Mike Hosking that he expects Judges will do their best to apply whatever comes out of the legislation as fairly as possible.  

Macklin says it's just a small step towards becoming more prescriptive, signalling to the courts the expectation of Parliament rather than an outcome. 

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Episode Transcript

Speaker 1 (00:00):
Well seven past sevens a change coming to the courts
in our justice system. Sentencing discounts will be capped at
forty percent. New aggravating factoris that are in play to
address offenses against soul charge workers people like dairy owners.
Judge is no longer giving repeat discounts for youth or
remorse and a victim's interest must be taken into account.

Speaker 2 (00:16):
Now.

Speaker 1 (00:16):
The convenor of the Law Societies Criminal Law Committee, Chris
Macklin's with us on this. Chris morning, Good morning thoughts.

Speaker 2 (00:25):
Oh well, look, it's early days. You say these things
are coming, and of course they are. They do still
need to go through select committee. The signal is clear
that tougher sentences are coming. Quite whether that achieves exactly
what people want will be the yesid test, and that
will be reducing people's experience of crime. There's a worry

(00:48):
that some areas of ascending might be less accurately reported
as tough for the fear. I think there's a concern
about undermining restorative and replative purposes of the profession. Probably
needs to highlight as well that the extent it can.
It's by no means clear that tougher sentences to effectively

(01:10):
some of the crimes are talking about.

Speaker 1 (01:12):
Do I take them from your comments, you guys are
against it or worried about it.

Speaker 2 (01:17):
Look, I wouldn't say worried. The profession simply wants as
a matter of principle for those making these policies to
be aware of some of the limitations in society's role.
Here is just to say, look, this is where the
government is going with its mandate. So be it to
some extent that it would be remiss not to highlight

(01:37):
some of the grave concerns that those that the cold
face have about unintended consequence.

Speaker 1 (01:41):
How far down the track are we discretion the prescription.

Speaker 2 (01:47):
That's a really interesting one, and we're moving slowly towards
being more prescriptive, but there's still discretion afforded. I noted
in the reforms that have been tabled that the hard
care at in terms of discounts has been removed and
there is still discripsion in terms of that phrasing menaftally unjust.

(02:07):
So we're not entirely prescriptives on any front yet, it's
just a small step towards being more prescriptive, signaling I
think to the court the expectation of Parliament rather than
prescribing an outcome.

Speaker 1 (02:20):
Would you expect pushback from judges on this.

Speaker 2 (02:25):
Look, I'm not certain. That's probably a question for the judiciary,
and that even struggle to answer themselves, because they do
earnestly try and sentence people individually on a case by
case basis. So I'm not sure that there'll be pushed
back so much as judges doing nearly will best to

(02:46):
apply whatever comes out the other end of select committees
and the legislative process as fairly as possible as they
see it. In particular case, let's.

Speaker 1 (02:54):
Talk again when the law has passed. Chris pushated a
very much. Have a good weekend. Chris Macklin, convenor of
the Law Society is Criminal Law Commites.

Speaker 2 (03:01):
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