Marisa Paterson proposes laws to allow for sentencing submissions in the ACT

Marisa Paterson has released a discussion paper on proposed amendments to the Crimes Act to allow for sentencing submissions, which have been barred for nearly a decade due to a High Court decision.

Dr Paterson said she believed the ACT should examine sentencing submissions, saying the territory government needed to be continually looking at ways to improve the criminal justice system.

She said it was an area of reform that had not been publicly explored.

"The provision of a 'sentencing submission' is not complicated, and provides an opportunity not currently afforded, that law reform experts and victim advocates suggest may go some way to alleviating the often disempowering criminal justice system - particularly through appeal processes," Dr Paterson said.

A High Court decision from 2014 prevents parties from making submissions regarding an appropriate sentence but Victoria and Queensland have since introduced laws to override this and allow for submissions.

Sentencing submissions were a recommendation from a landmark 2021 report into the ACT's responses to sexual violence, which found victim-survivors were often retraumatised through their experiences with the criminal justice system.

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"Limiting such submissions has been criticised as potentially leading to an unnecessary increase in appeals based on manifestly inadequate or excessive sentences," the report said.

"Protracted appeals may continue to traumatise victim survivors and do not provide closure."

Dr Paterson also cited the recent ACT parliamentary inquiry into dangerous driving. The inquiry's report was released last week and it made 28 recommendations around criminal punishments, greater transparency in the justice system and support provided to victims.

She said she felt the proposed laws would help to provide a voice to victims.

"The recent inquiry into dangerous driving also saw much debate around community expectations of sentencing for dangerous driving offences," Dr Paterson said.

"Pulling all the evidence together over the past couple of years, I see a great opportunity and a need to try something new.

"The sentence as a decision is still entirely at the judge's discretion - however, this is an opportunity for the prosecution and defence to provide more information if they see fit, contributing to greater transparency and more robust representation."

The public can provide comments on Dr Paterson's discussion paper until May 12.

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