Statutory review of sentencing for Commonwealth child sex offences
The Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (Cth) (SCAC Act) was enacted in June 2020. It amended the Crimes Act 1914 (Cth) and the Criminal Code 1994 (Cth) to introduce mandatory minimum sentences for the most serious Commonwealth child sex offences and repeat offenders.
Schedule 15 of the SCAC Act required a review to be undertaken of the first 3 years (23 June 2020 to 22 June 2023) of the operation of these amendments by June 2024.
Statutory review of sentencing for Commonwealth child sex offences
The Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (Cth) (SCAC Act) was enacted in June 2020. It amended the Crimes Act 1914 (Cth) and the Criminal Code 1994 (Cth) to introduce mandatory minimum sentences for the most serious Commonwealth child sex offences and repeat offenders.
Schedule 15 of the SCAC Act required a review to be undertaken of the first 3 years (23 June 2020 to 22 June 2023) of the operation of these amendments by June 2024.
Overview of the findings
The review concluded that, despite the relatively short review period, data limitations and unexpected impact of COVID-19 on sentencing, the aims of the SCAC Act have been achieved to some degree.
The review made 3 recommendations relating to sentencing provisions for Commonwealth child sex offenders.
Recommendation 1
The sentence reduction for ‘cooperation with law enforcement’ in paragraph 16AAC(2)(b) of the Crimes Act should be expanded so it can be satisfied by cooperation in respect of a state or territory child sexual abuse offence.
Recommendation 2
For ‘second strike’ offences, the mandatory minimum penalties in section 16AAB of the Crimes Act should only apply where the defendant committed the ‘second strike’ offence after being charged with the ‘first strike’ offence.
Recommendation 3
The presumption of actual imprisonment should apply to instances where an offender is sentenced using a state and territory penalty option applied by section 20AB of the Crimes Act.
Submissions to the review
The Attorney-General’s Department undertook targeted stakeholder consultation as part of the review. This was used to validate findings from the available data, test community expectations and to aid in assessing the impact of the SCAC Act and what it has had on sentencing, including community expectations.