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Legal minds help shape sentencing courses

ANU students will gain greater insight into criminal sentencing practices in Australia as a result of discussions at a high-powered legal gathering.

Chief Justice John Doyle from the Supreme Court of South Australia and ANU College of Law Dean Professor Michael Coper at the sentencing conference.

More than 240 professionals met at the National Museum of Australia last month to take part in the conference Sentencing: Principles, Perspectives, Possibilities, organised by the ANU College of Law, the National Judicial College of Australia, and the National Institute of Social Sciences and Law.

“One of our motivations was to bring together the judicial officers, legal practitioners, academics, and others involved in sentencing, so that we could get a snapshot of the hot issues in sentencing law in Australia, and then devise some postgraduate offerings in this area,” Dr Mark Nolan from the ANU College of Law said.

Dr Nolan said students at the University learn about sentencing, but only as a small component of existing courses. He said discussions at the conference would help shape more detailed postgraduate offerings that are in development.

“Currently we’re giving people a glimpse into sentencing law to whet their appetites for the type of challenges they’ll face working as a criminal lawyer. As an advocate, it’s really useful to know the enormous complexity that exists in sentencing law. If you have an insight into what factors shape a sentence, then you’ve got a better sense of how you can affect the outcome.”

Participants at the conference included magistrates, district court judges, supreme court officers, solicitors, barristers, mental health professionals, legal academics, media representatives, and politicians. The program covered issues including sentencing processes, and the mental and social impacts of sentencing.

Dr Nolan said the diverse range of topics allowed people to learn more about the latest developments in sentencing law, and to share different perspectives on the legal process.

“In addition to the common law, which shapes sentencing procedures, there is a lot of legislation in the area of sentencing. Now we have innovations like restorative justice conferencing and circle sentencing.

“For academics to interact with judicial officers, even informally, was really valuable and people want to have sentencing conferences on a regular basis. Sentencing is a difficult task for all parties involved, so you can learn a lot by listening to other perspectives.”

More than 200 members of the public also took part in the conference as audience members at a ‘hypothetical’. They watched as a distinguished panel - including ACT Director of Public Prosecutions Richard Refshauge SC, and Sydney Morning Herald journalist Michael Pelly – debated a fictional scenario concerning new terror laws and race relations.

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