1 00:00:00,160 --> 00:00:02,280 Speaker 1: Well seven past sevens a change coming to the courts 2 00:00:02,279 --> 00:00:05,000 Speaker 1: in our justice system. Sentencing discounts will be capped at 3 00:00:05,040 --> 00:00:07,560 Speaker 1: forty percent. New aggravating factoris that are in play to 4 00:00:07,560 --> 00:00:10,600 Speaker 1: address offenses against soul charge workers people like dairy owners. 5 00:00:10,840 --> 00:00:13,480 Speaker 1: Judge is no longer giving repeat discounts for youth or 6 00:00:13,520 --> 00:00:16,520 Speaker 1: remorse and a victim's interest must be taken into account. 7 00:00:16,520 --> 00:00:16,640 Speaker 2: Now. 8 00:00:16,640 --> 00:00:19,720 Speaker 1: The convenor of the Law Societies Criminal Law Committee, Chris 9 00:00:19,720 --> 00:00:25,280 Speaker 1: Macklin's with us on this. Chris morning, Good morning thoughts. 10 00:00:25,720 --> 00:00:29,480 Speaker 2: Oh well, look, it's early days. You say these things 11 00:00:29,520 --> 00:00:31,200 Speaker 2: are coming, and of course they are. They do still 12 00:00:31,240 --> 00:00:35,160 Speaker 2: need to go through select committee. The signal is clear 13 00:00:35,880 --> 00:00:40,760 Speaker 2: that tougher sentences are coming. Quite whether that achieves exactly 14 00:00:40,800 --> 00:00:45,360 Speaker 2: what people want will be the yesid test, and that 15 00:00:45,520 --> 00:00:48,720 Speaker 2: will be reducing people's experience of crime. There's a worry 16 00:00:48,760 --> 00:00:53,080 Speaker 2: that some areas of ascending might be less accurately reported 17 00:00:53,159 --> 00:00:56,040 Speaker 2: as tough for the fear. I think there's a concern 18 00:00:56,080 --> 00:01:01,400 Speaker 2: about undermining restorative and replative purposes of the profession. Probably 19 00:01:01,480 --> 00:01:05,520 Speaker 2: needs to highlight as well that the extent it can. 20 00:01:06,040 --> 00:01:10,280 Speaker 2: It's by no means clear that tougher sentences to effectively 21 00:01:10,360 --> 00:01:11,480 Speaker 2: some of the crimes are talking about. 22 00:01:12,160 --> 00:01:14,240 Speaker 1: Do I take them from your comments, you guys are 23 00:01:14,240 --> 00:01:15,720 Speaker 1: against it or worried about it. 24 00:01:17,040 --> 00:01:21,960 Speaker 2: Look, I wouldn't say worried. The profession simply wants as 25 00:01:22,000 --> 00:01:24,720 Speaker 2: a matter of principle for those making these policies to 26 00:01:24,760 --> 00:01:28,920 Speaker 2: be aware of some of the limitations in society's role. 27 00:01:29,000 --> 00:01:31,080 Speaker 2: Here is just to say, look, this is where the 28 00:01:31,080 --> 00:01:34,640 Speaker 2: government is going with its mandate. So be it to 29 00:01:34,680 --> 00:01:36,720 Speaker 2: some extent that it would be remiss not to highlight 30 00:01:37,360 --> 00:01:39,240 Speaker 2: some of the grave concerns that those that the cold 31 00:01:39,240 --> 00:01:41,560 Speaker 2: face have about unintended consequence. 32 00:01:41,920 --> 00:01:45,120 Speaker 1: How far down the track are we discretion the prescription. 33 00:01:47,440 --> 00:01:51,640 Speaker 2: That's a really interesting one, and we're moving slowly towards 34 00:01:51,840 --> 00:01:56,760 Speaker 2: being more prescriptive, but there's still discretion afforded. I noted 35 00:01:56,920 --> 00:01:59,760 Speaker 2: in the reforms that have been tabled that the hard 36 00:01:59,840 --> 00:02:03,600 Speaker 2: care at in terms of discounts has been removed and 37 00:02:03,640 --> 00:02:07,120 Speaker 2: there is still discripsion in terms of that phrasing menaftally unjust. 38 00:02:07,880 --> 00:02:11,679 Speaker 2: So we're not entirely prescriptives on any front yet, it's 39 00:02:11,720 --> 00:02:14,920 Speaker 2: just a small step towards being more prescriptive, signaling I 40 00:02:14,919 --> 00:02:18,480 Speaker 2: think to the court the expectation of Parliament rather than 41 00:02:18,520 --> 00:02:20,200 Speaker 2: prescribing an outcome. 42 00:02:20,520 --> 00:02:23,160 Speaker 1: Would you expect pushback from judges on this. 43 00:02:25,080 --> 00:02:31,840 Speaker 2: Look, I'm not certain. That's probably a question for the judiciary, 44 00:02:31,840 --> 00:02:35,360 Speaker 2: and that even struggle to answer themselves, because they do 45 00:02:35,440 --> 00:02:39,520 Speaker 2: earnestly try and sentence people individually on a case by 46 00:02:39,560 --> 00:02:42,919 Speaker 2: case basis. So I'm not sure that there'll be pushed 47 00:02:42,960 --> 00:02:46,000 Speaker 2: back so much as judges doing nearly will best to 48 00:02:46,000 --> 00:02:48,600 Speaker 2: apply whatever comes out the other end of select committees 49 00:02:48,639 --> 00:02:52,400 Speaker 2: and the legislative process as fairly as possible as they 50 00:02:52,440 --> 00:02:54,520 Speaker 2: see it. In particular case, let's. 51 00:02:54,360 --> 00:02:56,440 Speaker 1: Talk again when the law has passed. Chris pushated a 52 00:02:56,520 --> 00:02:58,720 Speaker 1: very much. Have a good weekend. Chris Macklin, convenor of 53 00:02:58,720 --> 00:03:00,400 Speaker 1: the Law Society is Criminal Law Commites. 54 00:03:01,000 --> 00:03:03,920 Speaker 2: For more from the Mic Asking Breakfast, listen live to 55 00:03:04,000 --> 00:03:07,080 Speaker 2: news Talks at B from six am weekdays, or follow 56 00:03:07,120 --> 00:03:08,640 Speaker 2: the podcast on iHeartRadio.