Thursday, 22 January 2026
ACT Law Society Partners with Bar Association to Shape Justice Reform
The ACT Law Society, in partnership with the ACT Bar Association, has lodged a joint submission to the Inquiry into the Magistrates Court (Indicative Sentencing) Amendment Bill 2025. The submission, developed with input from the Criminal Law Committees of both organisations, is available on the ACT Legislative Assembly’s inquiry page.
The Society has long supported the introduction of indicative sentencing in the ACT, recognising its potential to significantly enhance the efficiency of the criminal justice system. However, aspects of the current legislative drafting may limit these benefits and create unnecessary complexity.
Key recommendations include:
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Remove the requirement for prosecutorial consent: The requirement for prosecutorial consent undermines judicial independence and efficiency
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Include family violence offences: When properly implemented, indicative sentencing in family violence cases can shorten proceedings, promote accountability from defendants, reduce the time victims spend in court, and limit exposure to cross-examination—all without diminishing the seriousness of these offences
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Clarify victim impact statement requirement: The Court should only be required to consider a statement if one is provided, not as a precondition for indication
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Allow defendants to withdraw a guilty plea in certain circumstances: The lack of such a provision risks pleas being entered on a false premise
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Repeal current restrictions on sentence discounts: The current restriction on sentence discounts undermines early guilty plea incentives
We thank members of our Criminal Law Committee for their contributions and the ACT Bar Association for collaborating with us on this joint submission.
We’re committed to keeping members informed about our policy and advocacy work. If members have any feedback or suggestions, please contact us at policy@actlawsociety.asn.au.
