NSW Sentencing Council chair Peter McClellan KC hosting Sentencing Explained podcast

Chair of the NSW Sentencing Council and former judge Peter McClellan KC has interviewed all the justice system big wigs, including the heads of the various courts as well as police, prosecutors and public defenders for a new podcast.

Sentencing Explained is designed not only to help legal students but also to inform communities about a complex process that there's a big interest in - and blow some misconceptions wide open.

"I've interviewed all of the major players in the criminal justice system in the state," Mr McClellan told the Leader.

'It's an in-depth look at the work that all these people do, which when you bring them together, brings to the table on the whole of the system of sentencing in NSW."

Mr McClellan interviewed the head of the NSW Children's Court for an episode set to drop early next year.

In a region like Tamworth where young offenders have been spotlighted in recent property crime surges, it helps to understand what underpins a sentence.

"It's important to appreciate that many young people have trouble in their teens in maturing into adult citizens, and those troubles can emerge with them committing small crimes, or indeed larger crimes," he said.

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"The Children's Court is mindful of the development stages of those who come before the court and endeavour to craft sentences that try and encourage the young people to take them on a positive path rather than continue going into the negative territory of crime and misfunctioning in society."

He said a prison term may be necessary as a last resort.

"The endeavour is to keep the young people out of custodial sentences and put them on a path that might lead them to develop as responsible citizens," he said.

Mr McClellan said a big misconception is just how hard it is for judges and magistrates to come to their decisions, and the thought that goes into them.

"The most interesting one that people probably don't understand is how hard it is for judges to sentence individual offenders, it's a very difficult task," he said.

"In the podcast we have endeavoured to explain to the community that there are many sentences judges impose that are designed, yes to punish people, but also not to put them into a system where their chances of reform and contributing to society in a positive way might be lost."

He said the podcast delves into sentencing regimes that keep people out from behind bars but still force them to treat their issues and help them to get work.

"It's important that people are punished ... but it's not much good punishing someone that's then released if they haven't had the chance to learn how to function effectively in society," Mr McClellan said.

Episodes drop on podcasting platforms every Monday, the fourth episode titled 'The defence' goes live today.

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