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An Argument for Second Look Sentencing in Australia
Journal article   Peer reviewed

An Argument for Second Look Sentencing in Australia

Mirko Bagaric, John Anderson and Brendon Murphy
University of New South Wales Law Journal, Vol.49(2), pp.571-599
2026
url
https://www.unsw.edu.au/content/dam/pdfs/law/unsw-law-journal/2020-2029/2026/Issue%2049(2)%2008%20Bagaric%20et%20al.pdfView
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Abstract

Criminal procedure Law reform criminal law sentencing

In all areas of life, decisions are rarely made that have an impact

for decades and which cannot be reviewed. Over long periods

circumstances often change which make it desirable to revisit earlier

decisions to ensure that the initial objectives are still met. Sentencing

stands apart from this process. There are offenders sentenced to

lengthy terms of imprisonment, and outside of the appeal system there

is no systematic process for reviewing the decision even if dramatic

changes have occurred since the sentence was imposed. Several

jurisdictions in the United States have implemented ‘second look’

sentencing schemes which provide a structured process for reviewing

long sentences when offenders have been in the correctional system

for many years. This provides a mechanism for ensuring that the initial

sentence is still justifiable in situations where relevant circumstances

may have materially changed. We recommend a similar legislative

framework should be implemented in Australian jurisdictions.

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