Research Monograph 9 — Sentence Indication Hearings Pilot Scheme

Sentence Indication Hearings Pilot Scheme

This paper provides an analysis of and commentary upon the "Sentencing Indication Scheme" which was recently piloted at the Downing Centre Complex of the District Court. The scheme allows accused persons who have been committed for trial to that court to elect at arraignment to divert from the listing process leading to trial, and instead obtain an "indicative sentence" from a District Court judge, to be imposed should the applicant accept that sentence and plead guilty at that time. In the event of the applicant rejecting the indicative sentence, the matter is placed back in the trial list before another judge who is not made aware of the previous sentencing indication proceedings. 

The pilot scheme was conducted between 4 June 1993 and 5 November 1993 inclusive. This paper contains a summary of the operation of the scheme, a detailed statistical analysis of the applicants who participated in the pilot scheme and of the outcomes obtained, both within the scheme and in relation to more general sentencing outcomes, and finally a number of preliminary comments about the way in which the pilot scheme has operated, together with some observations about the prospects of the incorporation of this initiative into the existing structure of the criminal courts. 

The statistical analysis presented in this paper draws upon extensive empirical research, including a detailed audit of all court files relating to the matters dealt with at the Downing Centre under the Sentence Indication Hearings Pilot Scheme. The extensive audit required to be undertaken for this study also highlights the difficulties that face any on going evaluation or monitoring of the scheme.

Paperback, 52 pp, December 1994, ISBN 0 7310 4829 6