Politics, Parliament and the Courts

Recognising the oftentimes polarising nature of court decision-making-and the overt public interest and political sensitivities which exist-this chapter focuses on the public influence on legislative decision-making with regard to the courts and court processes. It considers the blurring of boundaries in regard to mandatory sentencing; the parliamentary appetite for sentencing reform; and the questioning of sentencing outcomes and other court practices. How to reconcile public attitudes (and thus parliamentary action) with magisterial, judicial, parole board and bail justice decision-making is a significant challenge. Various actors have a role to play in promoting accountability and positive change, including sentencing advisory councils, parliamentary law reform committees, legal services boards, community legal centres and other bodies-in advocating for positive change, fairness and equity based on sound evidence rather than potentially knee-jerk reactions to public conjecture.