Vulnerability is a widely used but contentious concept used by welfare practitioners to understan... more Vulnerability is a widely used but contentious concept used by welfare practitioners to understand disadvantaged groups. The chapter examines responses in criminal courts to “vulnerable” defendants at the pretrial stage drawing on quantitative and qualitative data obtained from observing 150 bail applications. The quantitative data indicates that in half of the applications a vulnerability was either relevant to the decision or mentioned by a practitioner. Through looking at transcripts from hearings, the chapter teases out some of the complexities in responses to both individual vulnerabilities (such as having a drug problem) and structural inequalities such as youth, indigeneity and poverty.
In January 2017, six people were killed and at least 30 injured when Dimitrious Gargasoulas drove... more In January 2017, six people were killed and at least 30 injured when Dimitrious Gargasoulas drove his car into pedestrians on Melbourne's Bourke Street mall in an apparently deliberate attack. In the aftermath, community shock turned to outrage when it emerged that Gargasoulas had been released by a Victorian bail justice only days before. Within days, the Victorian Government announced changes to the State's bail system, as well as a major review of Victoria's bail laws, to be undertaken by former Director of Public Prosecutions, Justice Paul Coghlan, currently a judge in the Victorian Court of Appeal. Following the Coghlan review, Victoria's bail laws are arguably the most onerous in Australia. This article presents a discussion of recent reforms to bail laws around Australia. It argues that amendments to bail legislation across the country reflect shifting views on the purposes of bail and the principles underlying the bail system.
The first part of this chapter briefly examines the functions, history and contemporary dimension... more The first part of this chapter briefly examines the functions, history and contemporary dimensions of the security industry internationally and in Australia. It appears that the number of security operatives now outnumbers police in many locations. Certainly, security technology can be said to be pervasive in people's everyday lives. The growth of the industry has brought with it a set of issues around equity, amenity and misconduct; and these challenges are examined in this chapter along with a 'smart regulation' model to minimise problems. The chapter also examines how the industry prevents crime and contributes to justice by the exercise of legal authority and the application of specific situational techniques, including target hardening and formal surveillance. The chapter concludes with a brief review of evidence regarding the role of the industry in the current downward trend in international crime rates.
Despite the concerns of criminologists and many practitioners, states in Australia are investing ... more Despite the concerns of criminologists and many practitioners, states in Australia are investing in new prisons, instead of diversion, in response to a growing prison population. But at the same time, counter-initiatives that do not usually receive much public attention, have achieved some success. In this paper, we will consider the contemporary bail reform movement internationally and in Australia. Employing quantitative and qualitative methods, we will describe some aspects of bail decision-making in the four states of Tasmania, South Australia, New South Wales and Victoria. We will also consider the political forces that have resulted in integrated pretrial programs in Victoria, but prevented their development in other states. Are such programs potentially transformative or will they only have a limited impact on the continued growth of the prison?
This chapter presents a brief overview of some key law reform developments and other legislative ... more This chapter presents a brief overview of some key law reform developments and other legislative initiatives recently passed into law in Australia. We discuss significant changes to the law on bail, evidentiary rules, sentencing, and legislation targeting one-punch deaths and cybercrime. We also examine laws designed to limit the activities of outlaw motorcycle (“bikie”) gangs and suspected terrorists. Our discussion highlights the importance of criminologists critically examining new measures with a view to providing an evaluation of the likely results. In particular, as criminologists, our role should include providing legislators and policy makers with ongoing advice, feedback, and, where appropriate, criticism of their efforts to shape the criminal law and field of criminal justice more generally.
Many progressive reforms and initiatives are happening in criminal courts at a time when the impr... more Many progressive reforms and initiatives are happening in criminal courts at a time when the imprisonment rate is rising. This chapter locates these developments as part of debates that started in the eighteenth century on whether the criminal justice system should be concerned with punishing rational offenders or assisting those not responsible for their actions. Restorative justice involves defendants being diverted to conferences in which they apologize to victims. Therapeutic jurisprudence gives judicial officers a healing role in conducting legal proceedings. A third movement, pretrial services, is less well known but has even greater potential to transform the criminal justice system. This chapter provides a critical overview, considering costs and benefits.
This chapter will consider the differences between jurisdictions and how they are changing. There... more This chapter will consider the differences between jurisdictions and how they are changing. There has been major legislative change in New South Wales, and recently major change in Victoria, designed to make it more difficult to obtain basil. Although we found that judicial officers differed in how they interpreted the legislation, it seems likely that most refuse more applications. There were also contradictory policies. In New South Wales, the Attorney General’s Office funded a pilot scheme of Bail Assistance Officers (a bail information scheme) with the aim of encouraging magistrates to grant bail. In Victoria, legislation following the Gargasoulas case was extremely tough, yet the government continued to invest in pretrial services. The political processes are complex and not fully addressed in critical literatures.
Through observing and making detailed notes of hearings, it is possible to obtain greater purchas... more Through observing and making detailed notes of hearings, it is possible to obtain greater purchase on how magistrates made bail decisions. The chapter describes in detail the work in responding to section 12 application in Tasmania about family violence and in applying legal tests. It also considers craft skills such as how magistrates make informal calculations on the length of time a defendant is likely to be in custody. Although this level of discretion is often criticized, the current system achieves individualized outcomes.
Policing Non-Citizens is a carefully crafted study of the theoretical and practical dilemmas rais... more Policing Non-Citizens is a carefully crafted study of the theoretical and practical dilemmas raised in the policing of immigrants. In examining this topic, the book advances a number of themes that are pertinent to observers of policing in Australia today. Drawing on her mixed method case study of the policing of people seeking migration into New South Wales, Dr. Leanne Weber provides a fine illustration of theory-driven empirical research.
Vulnerability is a widely used but contentious concept used by welfare practitioners to understan... more Vulnerability is a widely used but contentious concept used by welfare practitioners to understand disadvantaged groups. The chapter examines responses in criminal courts to “vulnerable” defendants at the pretrial stage drawing on quantitative and qualitative data obtained from observing 150 bail applications. The quantitative data indicates that in half of the applications a vulnerability was either relevant to the decision or mentioned by a practitioner. Through looking at transcripts from hearings, the chapter teases out some of the complexities in responses to both individual vulnerabilities (such as having a drug problem) and structural inequalities such as youth, indigeneity and poverty.
In January 2017, six people were killed and at least 30 injured when Dimitrious Gargasoulas drove... more In January 2017, six people were killed and at least 30 injured when Dimitrious Gargasoulas drove his car into pedestrians on Melbourne's Bourke Street mall in an apparently deliberate attack. In the aftermath, community shock turned to outrage when it emerged that Gargasoulas had been released by a Victorian bail justice only days before. Within days, the Victorian Government announced changes to the State's bail system, as well as a major review of Victoria's bail laws, to be undertaken by former Director of Public Prosecutions, Justice Paul Coghlan, currently a judge in the Victorian Court of Appeal. Following the Coghlan review, Victoria's bail laws are arguably the most onerous in Australia. This article presents a discussion of recent reforms to bail laws around Australia. It argues that amendments to bail legislation across the country reflect shifting views on the purposes of bail and the principles underlying the bail system.
The first part of this chapter briefly examines the functions, history and contemporary dimension... more The first part of this chapter briefly examines the functions, history and contemporary dimensions of the security industry internationally and in Australia. It appears that the number of security operatives now outnumbers police in many locations. Certainly, security technology can be said to be pervasive in people's everyday lives. The growth of the industry has brought with it a set of issues around equity, amenity and misconduct; and these challenges are examined in this chapter along with a 'smart regulation' model to minimise problems. The chapter also examines how the industry prevents crime and contributes to justice by the exercise of legal authority and the application of specific situational techniques, including target hardening and formal surveillance. The chapter concludes with a brief review of evidence regarding the role of the industry in the current downward trend in international crime rates.
Despite the concerns of criminologists and many practitioners, states in Australia are investing ... more Despite the concerns of criminologists and many practitioners, states in Australia are investing in new prisons, instead of diversion, in response to a growing prison population. But at the same time, counter-initiatives that do not usually receive much public attention, have achieved some success. In this paper, we will consider the contemporary bail reform movement internationally and in Australia. Employing quantitative and qualitative methods, we will describe some aspects of bail decision-making in the four states of Tasmania, South Australia, New South Wales and Victoria. We will also consider the political forces that have resulted in integrated pretrial programs in Victoria, but prevented their development in other states. Are such programs potentially transformative or will they only have a limited impact on the continued growth of the prison?
This chapter presents a brief overview of some key law reform developments and other legislative ... more This chapter presents a brief overview of some key law reform developments and other legislative initiatives recently passed into law in Australia. We discuss significant changes to the law on bail, evidentiary rules, sentencing, and legislation targeting one-punch deaths and cybercrime. We also examine laws designed to limit the activities of outlaw motorcycle (“bikie”) gangs and suspected terrorists. Our discussion highlights the importance of criminologists critically examining new measures with a view to providing an evaluation of the likely results. In particular, as criminologists, our role should include providing legislators and policy makers with ongoing advice, feedback, and, where appropriate, criticism of their efforts to shape the criminal law and field of criminal justice more generally.
Many progressive reforms and initiatives are happening in criminal courts at a time when the impr... more Many progressive reforms and initiatives are happening in criminal courts at a time when the imprisonment rate is rising. This chapter locates these developments as part of debates that started in the eighteenth century on whether the criminal justice system should be concerned with punishing rational offenders or assisting those not responsible for their actions. Restorative justice involves defendants being diverted to conferences in which they apologize to victims. Therapeutic jurisprudence gives judicial officers a healing role in conducting legal proceedings. A third movement, pretrial services, is less well known but has even greater potential to transform the criminal justice system. This chapter provides a critical overview, considering costs and benefits.
This chapter will consider the differences between jurisdictions and how they are changing. There... more This chapter will consider the differences between jurisdictions and how they are changing. There has been major legislative change in New South Wales, and recently major change in Victoria, designed to make it more difficult to obtain basil. Although we found that judicial officers differed in how they interpreted the legislation, it seems likely that most refuse more applications. There were also contradictory policies. In New South Wales, the Attorney General’s Office funded a pilot scheme of Bail Assistance Officers (a bail information scheme) with the aim of encouraging magistrates to grant bail. In Victoria, legislation following the Gargasoulas case was extremely tough, yet the government continued to invest in pretrial services. The political processes are complex and not fully addressed in critical literatures.
Through observing and making detailed notes of hearings, it is possible to obtain greater purchas... more Through observing and making detailed notes of hearings, it is possible to obtain greater purchase on how magistrates made bail decisions. The chapter describes in detail the work in responding to section 12 application in Tasmania about family violence and in applying legal tests. It also considers craft skills such as how magistrates make informal calculations on the length of time a defendant is likely to be in custody. Although this level of discretion is often criticized, the current system achieves individualized outcomes.
Policing Non-Citizens is a carefully crafted study of the theoretical and practical dilemmas rais... more Policing Non-Citizens is a carefully crafted study of the theoretical and practical dilemmas raised in the policing of immigrants. In examining this topic, the book advances a number of themes that are pertinent to observers of policing in Australia today. Drawing on her mixed method case study of the policing of people seeking migration into New South Wales, Dr. Leanne Weber provides a fine illustration of theory-driven empirical research.
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Papers by Rick Sarre