A bill to allow both the prosecution and defence to make recommendations for sentencing in criminal proceedings has been introduced in the Legislative Assembly.
Labor backbencher Marisa Paterson introduced the bill, saying there were concerns in the territory there was a bias towards the defence.
"There has been a lot of public discussion around sentencing in the ACT over the last couple of years, and given the current situation where the prosecution cannot provide advice to the judge on sentencing - there are rightly concerns that sentencing is biased towards the defence," she said.
"Introducing (or re-instating) sentencing submissions, provide an equal opportunity for both defence and the prosecution to provide advice to the judge on sentencing range."
Dr Paterson released the draft bill on sentencing submissions last year. The amendment to the Crimes (Sentencing) Act would override a decade-old High Court decision.
A High Court decision from 2014 prevents the prosecution from making submissions regarding an appropriate sentence but Queensland has implemented laws to override this ruling.
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.
A committee involved in the report said not allowing submissions led to an unnecessary increase in appeals based on inadequate or excessive sentences.
"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 said she felt the legislation may provide judges with more context of different opinions on sentencing and require most "robust reasoning" for their sentencing.
"I feel that this legislation would go some way to providing a voice to victims on the aspect of sentencing through the prosecution's presentation of advice to the judge," she said.
"Ultimately, the more information that a judge can take into consideration - the better the outcome."
