Forum Sentencing

Forum Sentencing Intervention Programs was an available sentencing option in New South Wales until it was abolished in 2017. The power of a Court to order Forum Sentencing was contained under Part 7 of the now repealed Criminal Procedure Regulations 2010 (NSW). 

What is Forum Sentencing:

Forum sentencing was a sentencing option which brought together the offender, victims, and any other person affected by a crime. Its purpose was to find creative solutions to repair the harm done to the victim and the community and reduce the offender’s likelihood of re-offending.

Forum sentencing involved a meeting where parties discuss what happened and how people were affected by the crime. They then prepare an ‘intervention plan’ for the offender. This intervention plan is then to be completed as part of the offender’s sentence. Outcomes of the plan may include a verbal or written apology, voluntary work, compensation, counselling, driver education and anything else the group feels is appropriate.

Why apply for Forum Sentencing?

Being part of the Forum Sentencing scheme involved significant benefits including:

• Potentially leading to a better outcome than the mainstream Court process because the successful completion of the forum sentencing program reflects favourably on a person, which may mean lighter a sentence,
• Enabling a person to improve their long-term quality of life,
• Helping a person break the cycle of crime which reduces their chances of reoffending.

Who was Eligible for Forum Sentencing?

You must meet the following requirements to be eligible for the scheme:

• Be referred by the Court or successfully apply to be referred
• Be over the age of 18
• Be appearing before one of the following Local Courts: Ballina, Balmain, Bankstown, Bellingen, Belmont, Burwood, Byron Bay, Camden Campbelltown, Casino, Central, Coffs Harbour, Downing Centre, Fairfield, Gosford, Grafton, Kogarah, Kyogle, Lismore, Liverpool, Macksville, Maclean, Moss Vale, Mullumbimby, Murwillumbah, Newcastle, Newtown, Parramatta, Picton, Raymond Terrace, Ryde, Sutherland, Toronto, Tweed Heads, Waverley, Woy Woy or Wyong
• Plead or be found guilty
• Be facing the likelihood of a prison sentence
• Be willing to participate
• Pass the suitability test by the Program Administrator.

Disqualification from the program may occur if:

• The person is charged with an indictable offence,
• The person has been charged with certain other serious offences outlined in Section 55. 

What was Involved in Forum Sentencing?

There were 7 steps if a person took up the Forum Sentencing Program:

1. Court identifies potential participants – after you plead or are found guilty the Court considers your eligibility to participate in a forum. If the Magistrate and you agree to be part of the program you will meet with a Forum Sentencing Program Administrator for assessment.
2. Program Administrator confirms whether the offender is suitable – after the Program Administrator assesses you they send their recommendations to the Court to be processed.
3. Court confirmation of eligibility – the Court will confirm whether you are eligible based on the finding of the Program Administrator and may then arrange for a facilitator for a forum to take place.
4. Preparing for forum – the facilitator will then meet with the victim, yourself, the Police officer in charge of the case, and other relevant people to explain how forum sentencing operates and how they can participate.
5. Forum is held and setting a plan – Participants meet at the forum to discuss what happened, how it affected the victim, and how things can be made better. Participants develop a plan with the intention of repairing harm to the victim and the community and reducing the offender’s likelihood of reoffending. You will be given a list of specific actions you must agree to undertake.
6. Back to Court – The plan is sent back to Court to be considered. If the Magistrate approves then you are to undertake the list of actions prior to or as part of the sentence.
7. Carrying out the plan – once you complete the plan the Program Administrator will notify the Court. If the plan was part of a sentence and all other parts of the sentence have been completed the matter is finalised. If the case was adjourned to allow the actions detailed in the plan to be undertaken the Court considers the offender’s completion of those actions during sentencing.