Mandatory sentencing not the answer

 Hodgman Government ignoring expert advice
 Protection of children always paramount but mandatory sentencing is misguided

The Hodgman Liberal Government has ignored expert legal advice by pushing ahead today with its move to introduce mandatory minimum sentences for child sex offences.

Shadow Attorney-General Lara Giddings said while the protection of Tasmanian children should always be paramount, expert evidence shows mandatory sentencing is not the answer.

“It will not decrease the incidence of offences and it is not a deterrent. Submissions to the Government make it clear mandatory sentencing may in fact be counter-productive,” Ms Giddings said.

“Evidence shows mandatory sentencing reduces the incentive to enter a plea of guilty, meaning more cases will go to full trial where victims will have to testify.

“The Sentencing Advisory Council goes as far as to say in its report “mandatory sentencing may in fact be counterproductive and have other unforeseen and unintended consequences such as the risk that fewer people report sexual assaults to police”.”

“The report also highlights the risk that there could be fewer convictions in cases where jurors believe the mandatory sentence does not fit the crime.

“Opposition to the bill has been raised by the Law Society, Civil Liberties Australia, The Independent Bar, the Australian Lawyers Alliance and, most importantly, two reports by the Sentencing Advisory Committee have advised against mandatory sentencing.

“I fail to understand how the Government can continue to ignore expert advice.

“Everyone wants to protect children but mandatory sentencing is not the solution.”
Lara Giddings MP Shadow Attorney-General