Sentencing reform to support our criminal justice system
The Magistrates Court (Indicative Sentencing) Amendment Bill proposes a new indicative sentencing scheme for the ACT Magistrates Court. The scheme aims to improve experiences for all involved in the criminal court system. It creates another way to resolve criminal matters before the ACT Magistrates Court.
About the reform
Indicative sentencing lets defendants ask the court for the likely sentence they would receive if they plead guilty.
The defendant can ask for a ‘sentence indication’ at any time before and including the first day of their scheduled hearing for the offence. The defendant can accept or reject their sentence indication.
If the defendant accepts a sentence indication and pleads guilty, the court cannot impose a sentence more severe than the indicated sentence.
Requesting a sentence indication is not admitting guilt. A defendant can get a sentence indication if:
- their case is being heard in the ACT Magistrates Court
- they are over 18 years old
- the indicative sentencing scheme is available for the offence they have been charged with
Offences not covered by the indicative sentencing scheme include:
- offences involving sexual or family violence
- the offence of negligent driving causing death.
When giving a sentence indication the court must consider:
- the statement of agreed facts
- the defendant’s criminal record
- a Victim Impact Statement, if there is one,
- if the prosecution believes there is enough information about the harm suffered by the victim for the court to give a sentence indication.
In most circumstances the defendant must give at least 5 business days’ notice before they request a sentence indication. If the defendant does not give any notice, the court must delay the matter for 5 days. This notice period will provide a victim time to prepare a Victim Impact Statement.
The court can withdraw a sentence indication if circumstances change and a more severe sentence is appropriate. If the court withdraws the sentence indication after the defendant pleads guilty, the defendant can withdraw their guilty plea.
Why it’s important
Indicative sentencing can improve experiences for victims and defendants and puts less pressure on our justice system.
A defendant can feel confident about what punishment they will face if they were to plead guilty. For example, a defendant can have confidence about returning to everyday life if their sentence indication shows they won’t have to go to jail full-time after pleading guilty.
Earlier guilty pleas can also improve the experiences of victims and witnesses. They will not need to give evidence or be questioned by a lawyer during a hearing.
Indicative sentencing should improve the running of the Magistrates Court by reducing the number of hearings and the time it takes to resolve them. It can also reduce work for the defence and prosecution in hearings, ACT Courts and ACT Policing.
Next steps
The Magistrates Court (Indicative Sentencing) Amendment Bill was introduced in the ACT Legislative Assembly on 30 October 2025.
Indicative sentencing will be in effect after:
- the bill passes in the Legislative Assembly
- the Act is notified on the ACT Legislation Register
- the Act commences.
There will be a six-month delay between when the Act is notified, and when the scheme starts. This is to allow time for all relevant agencies to prepare for the new scheme.