Mandatory Minimum Sentencing
13 November 2025
On 28 October 2025, the Law Council issued a media release in response to the tabling of a Private Member’s Bill that seeks to introduce new and expanded mandatory minimum sentencing provisions into the Crimes Act 1914 (Cth).
The statement, titled ‘Cost of undermining judicial independence is high’ urged caution in relation to the passage of the Crimes Amendment (Mandatory Minimum Sentences for Child Sexual Abuse) Bill 2025, noting that judicial independence and discretion are bedrocks of our justice system and mandatory sentencing unduly undermines these essential foundations. This response aligns closely with the Law Council’s long-term position as set out in its Mandatory Sentencing Policy.
While acknowledging that sexual offences involving children are highly serious, and those who commit these heinous offences should receive appropriate sentences, the Law Council has highlighted that mandatory minimum sentences already apply to the most serious of Commonwealth child sex offences and repeat offenders. A 2024 statutory review of this scheme did not recommend an expansion of the framework, and in fact made important observations about the nature of Commonwealth child abuse material offences and the wide spectrum of conduct which they cover. The review noted that offenders in this area are ‘treated significantly differently by the courts and appropriately so’. The Law Council reiterated its long-held view that it is essential to uphold the role of the courts, and their ability to administer justice as required in the individual circumstances.
In addition to issuing a media release, the Law Council has raised these concerns in writing to the Commonwealth Attorney-General, highlighting the unacceptable restrictions on judicial discretion resulting from expanded mandatory minimum sentences, and drawing attention to the ALP’s own National Policy Platform that accepts that mandatory sentencing undermines the independence of the judiciary, leads to unjust outcomes, and is often discriminatory in practice.
Last Updated on 11/11/2025
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