A National Curriculum
The judicial role can involve the sentencing of offenders. In this aspect judicial officers must make decisions to sentence appropriately. This includes both an understanding of the law, principles, and purposes of sentencing.
A judicial officer should also understand the role of judicial discretion in the sentencing process, as well as the different priorities and considerations for different offenders. Alternative sentencing processes are also an important component of the criminal justice system.
A National Curriculum
Programs developed in this unit will consider substantive and procedural requirements for sentencing.
Programs should consider how judge-craft skills are relevant to learning outcomes developed for this unit. Both judge-craft skills and judicial management and administration skills will be relevant.
Judicial discretion is a significant component of the sentencing process. Programs developed under this unit should have regard to how the values, attitudes and background of a judicial officer shapes their perspective on offences, offenders, sentence type and alternatives to sentencing.
A National Curriculum
The courts remain independent of the other branches of government and judicial officers are not subject to improper pressure or influence when making decisions.
This requires ‘treating like cases alike; a process which is free from coercion or corruption; ensuring that inequality between the parties does not influence the outcome of the process; adherence to the values of procedural fairness…and unbiased neutral decision making
Being patient and respectful, allowing litigants to present their case and ensuring the absence of actual or perceived bias
open court principles, annual reports identifying expenditure, rights to appeal, as well as giving reasons, noting the variation in this value for those in leadership roles.
Ensuring the reasonably timely resolution of cases.
Maintaining an open rather than closed court as far as possible and providing clear and reasoned decisions that are publicly available as far as possible.
Having sound knowledge of the relevant law and procedure as well as good court craft skills
Displaying intellectual honesty, respect and placing the obligations of judicial office above personal interests both inside and outside the courtroom.
Doing justice according to law irrespective of the consequences or popularity of the decision
Compassion involves recognising the suffering of others and wanting to alleviate it. Within the constraints of the law, judicial officers can show compassion through procedural fairness, judicial engagement (exploring underlying issues and empowering a party to address them) and other therapeutic jurisprudence practices.
A National Curriculum
These programs help judicial officers to sentence offenders appropriately.
These programs help judicial officers to prepare written reasons for sentence and provide guidance on the practical challenges of crafting written reasons for sentence.
These programs could encompass –
These programs help judicial officers to deliver effective oral sentencing remarks.
These programs could encompass –
These programs help judicial officers to sentence young offenders skilfully and appropriately.
These programs could encompass –
Therapeutic jurisprudence, ie. using the sentencing process in a therapeutic way to trigger change and understanding in the offender
These programs help judicial officers to work with community elders to sentence Aboriginal and Torres Strait Islander people appropriately.
These programs could encompass –