Outline of the report
Same Crime, Same Time: Sentencing of Federal Offenders (ALRC 103) is the final report of the ALRC’s second inquiry into the sentencing of federal offenders. The first inquiry commenced in 1978 and concluded in 1988 with the release of the report, Sentencing (ALRC 44).
The terms of reference directed the ALRC to consider whether Part IB of the Crimes Act 1914 (Cth) was an appropriate, effective and efficient mechanism for the sentencing, administration and release of federal offenders. In particular, the ALRC was asked to have regard to issues such as the changing nature and scope of federal criminal law, the relatively small number of federal offenders compared with state and territory offenders, and consistency in the treatment of federal offenders across Australia.
The inquiry involved almost two years of extensive research and public consultation. At the beginning of the inquiry the ALRC produced and distributed a brochure to nearly 2,000 federal offenders, inviting them to register their interest in the inquiry. The feedback received from federal offenders during the course of the inquiry provided the ALRC with unique insights into their experiences in the federal criminal justice system.
One problem faced by the ALRC was the lack of available information on the sentencing of federal offenders to assist in the development of evidence-based recommendations. To remedy this problem the ALRC collaborated with the Australian Institute of Criminology to analyse data about the sentencing of federal offenders. The results of these analyses are set out in Appendices 1 and 2 of the report.
ALRC 103 is over 900 pages long and contains 147 recommendations for reform of the law relating to sentencing of federal offenders. A significant number of these recommendations are aimed at encouraging consistency in the treatment of federal offenders throughout Australia.
The Executive Summary in ALRC 103 contains a comprehensive summary of the key findings and recommendations in the report.