2023 Sentencing Review

This review focuses on the sentencing issues associated with disability. It commences with a discussion about definitions and terminology. It then considers the Australian legislation and case law governing various health issues that may constitute disability as a sentencing factor. Next, the review summarises relevant sections of bench and bar books and outlines the specialist court programs designed to respond to the needs of people with disabilities. The review also summarises the relevant findings and recommendations of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, as well as other recent research. Overall, the review reinforces the need for substantial legislative, case law and practice reforms. To be most effective, such reforms should adopt an intersectional approach and be co-designed with people lived experience of both disability and the criminal justice system.