Introduction

In New South Wales, the Forum Sentencing Program presents an alternative sentencing option available in many Local Courts. This program brings together an offender, the victim, and other people affected by a crime to discuss the harm caused and develop a plan to repair the damage, with the aim of reducing the likelihood that the offender will re-offend.

For an adult offender who has pleaded or been found guilty and is facing a sentence, understanding this alternative path is crucial. This guide explains the complete forum sentencing process, from a referral by a lawyer or magistrate to the creation of an intervention plan, providing clarity on how this program operates as an alternative to a traditional court sentence.

Understanding NSW Forum Sentencing

The Aims of the Program

Forum sentencing is an alternative option in NSW Local Courts that addresses crime through collaboration. Its primary aim is to repair harm to both the victim and the community, while also helping offenders understand the real-world impact of their actions.

The core goals of the forum sentencing program include:

• Repairing Harm: Focusing on constructive solutions to mend emotional or financial damage suffered by the victim.
• Reducing Reoffending: Encouraging offenders to face the consequences of their crime to lower the likelihood of further offences.
• Promoting Accountability: Providing a platform for offenders to take responsibility, discuss what happened and change their behaviour for successful reintegration.
• Victim Recovery: Giving victims a voice in the process, which is key to their recovery from the crime.

Ultimately, forum sentencing aims to help offenders break the cycle of crime—improving their long-term quality of life and benefiting the wider community.

Who Participates in a Forum

A forum is a structured meeting led by a neutral facilitator. Participation is voluntary and depends on several key individuals coming together to discuss the offence and its consequences:

• The Offender: An adult who has pleaded guilty or been found guilty.
• The Victim: Anyone directly affected by the crime.
• Support People: Family or friends offering emotional support to the victim or offender.
• A Police Officer: Typically the officer in charge of the case, who provides information and represents the community’s interest.
• A Facilitator: An impartial person who ensures the discussion remains respectful and productive.

Who is Eligible for the Forum Sentencing Program in NSW

Key Eligibility Requirements for Forum Sentencing

To be considered for the Forum Sentencing Program, an offender must meet several key criteria. The program is designed for adults who are willing to take responsibility for their actions and participate actively in the process. A referral can be made by a lawyer or the Magistrate after an offender has pleaded guilty or been found guilty of an offence.

An offender must satisfy the following conditions to be eligible for this sentencing option:

• Age: The participant must be an adult over the age of 18.
• Guilt: You must plead guilty or have been found guilty by the court.
• Sentence Likelihood: You must be facing a likely sentence of imprisonment. Recent changes have also broadened eligibility to include cases where a conviction with a good behaviour bond or community service order is the likely outcome.
• Criminal History: You must have never served a custodial sentence before, which includes a suspended sentence.
• Location: The case must be heard in one of the participating NSW Local Courts.
• Willingness: The offender must be willing to participate in the forum and be assessed as suitable by the Program Administrator.

Offences & Factors that Disqualify You

Certain offences and circumstances will automatically make an offender ineligible for the Forum Sentencing Program. The program is not designed to handle the most serious crimes or offenders with a significant criminal history, ensuring that it remains appropriate for the types of offences it aims to address.

You may be disqualified from the program for the following reasons:

• Serious Offences: The program is not available for individuals who have committed certain serious crimes, such as murder, rape, stalking, drug supply, and firearms offences.
• Domestic Violence: Some types of domestic violence offences are excluded from this sentencing option.
• Driving Offences: Certain regulatory driving offences are not handled through forum sentencing.
• Prior Offences: A history of some serious prior offences can also make an offender ineligible to participate.
• Previous Custodial Sentences: As a key requirement, anyone who has previously served a sentence in custody is not eligible for the program.

The Forum Sentencing Process Explained Step by Step

From a Lawyer’s Referral to the Forum

The journey into the Forum Sentencing Program begins once an offender has pleaded guilty or been found guilty of an offence. A referral can then be initiated by:

• The offender’s lawyer requesting that the Magistrate make a referral
• The court itself identifying a person as a potential participant in this alternative sentencing option

Once a referral is made, the case is sent to a Program Administrator who conducts a suitability assessment. During this assessment, the administrator evaluates:

• Whether the offender accepts the police facts and takes responsibility for the offence
• If the offender understands the forum process and is genuinely willing to participate
• The offender’s willingness to discuss how they can repair the harm caused by their crime

After completing the assessment, the Program Administrator sends a recommendation back to the court. If the Magistrate confirms eligibility and suitability, the court issues a Forum Participation Order. A facilitator is then assigned to organise the forum, which typically takes place within six weeks.

Before the forum, the facilitator meets with all participants to explain how it operates. These participants include:

• The offender
• The victim
• Support people
• The police officer in charge

Creating & Completing Your Intervention Plan

The forum itself is a structured meeting where everyone involved discusses what happened and how the crime affected both the victim and the community. The primary goal is to collaboratively develop an intervention plan—a list of specific actions designed to repair the harm and reduce the likelihood of re-offending.

This intervention plan is sent back to the court for the Magistrate’s consideration and approval. If approved, the offender must complete the agreed-upon actions, which might be undertaken before the final sentence or form part of the sentence itself. The plan could include:

• A verbal or written apology to the victim
• Paying compensation or performing voluntary work for the victim or community
• Attending counselling or a relevant rehabilitation program, such as drug and alcohol treatment or driver education

Once the offender completes all actions detailed in the plan, the Program Administrator notifies the court. If the case was adjourned to allow the plan to be undertaken, the court will consider this successful completion during the final sentencing.

However, if the offender fails to complete the plan, the court may issue a warrant for their arrest, and they will have to reappear for sentencing.

Recent Changes to Forum Sentencing in NSW

Broadened Access to the Program

Recent updates to the Forum Sentencing Program in NSW have significantly expanded the eligibility criteria for offenders. Previously, this sentencing option was primarily available to individuals facing the likelihood of a prison sentence.

Following changes implemented in 2023, access to the program has been considerably broadened. It now includes cases where the likely outcome is:

• A conviction with a good behaviour bond
• A community service order

This expansion makes this alternative sentencing approach available to a wider group of participants who may benefit from the program.

Increased Emphasis on Victim Participation

A significant change to the forum sentencing process involves an enhanced focus on the victim’s role in proceedings. The willingness of the victim to take part is now a central requirement for the program to proceed.

This means that the forum sentencing option is only available if the victim agrees to participate. This important update:

• Gives victims a more powerful voice in the justice process
• Makes their involvement a critical factor in determining whether this alternative to a traditional court sentence can be used

Conclusion

The NSW Forum Sentencing Program provides an alternative path to traditional court sentencing, focusing on repairing harm by bringing the offender and victim together to create a meaningful intervention plan. Understanding the eligibility criteria, the step-by-step process, and recent changes to the program is essential for any adult offender who has pleaded or has been guilty and is considering this option.

If you are facing a criminal charge and believe this program may be an appropriate sentencing option for your case, it is vital to seek professional legal advice. Contact Daoud Legal today for trusted expertise and representation from our criminal law firm in Sydney to discuss your matter and explore your option. 

Frequently Asked Questions