This article reports upon in-depth interviews conducted with five senior criminal justice policy-makers, each of whom was broadly sympathetic to reforming criminal justice policy to achieve the goal of lower incarceration levels.
The Victorian government plans on introducing legislation in 2018 to establish a Sentencing Guidelines Council. This report makes a number of recommendations in relation to key features of the council, as well as the sentencing guidelines it would create.
This study explores how the state of ‘intoxication’ from the consumption of alcohol or other drugs is treated by the criminal justice system in Australia.
Negotiating guilty pleas (‘plea bargaining’) is a central element of criminal justice processes in Australia, yet little is known outside the legal community about the frequency and outcomes of plea negotiations.
This study addresses this important knowledge gap through qualitative and quantitative analysis of...
This report recommends that the Australian government consult state and territory governments, non-government organisations and other relevant stakeholders, to develop and publicise a clear definition of cyberbullying that recognises the breadth and complexity of the issue.
Last week Rocky Horror Show actor Craig McLachlan issued defamation proceedings against Fairfax Media, the ABC and former co-star Christie Whelan Browne, one of the women who has accused McLachlan of sexual harassment. While no criminal charges have been laid, police are currently investigating allegations...
This resource provides a statistical overview of five kinds of theft offences sentenced in the Magistrates’ Court of Victoria between 2012–13 and 2016–17.
This special report details the findings and recommendations of a major IBAC investigation, Operation Lansdowne, into allegations of serious corrupt conduct relating to South West Institute of TAFE and Bendigo Kangan Institute of TAFE.
How valuable is the introduction of new legal categories as a way of improving responses to intimate partner violence?
This article contemplates whether jurors’ use of social media during trial and deliberations is a frequent occurrence endangering the fair trial principle and whether viable avenues exist to sufficiently address this potential challenge in the Australian context.
This report examined the full spectrum of policies and programs intended to address emerging risks of violent extremism, or to respond rapidly to risks after they have eventuated, and made 26 recommendations.
The Sentencing Advisory Council has released this issues paper and an online survey, seeking stakeholder and community views on the creation of a Sentencing Guidelines Council in Victoria.
Police use a variety of techniques in their investigation of serious violent crimes, such as homicide, robbery, assault and sexual assault. This paper systematically reviews experimental and quasi-experimental research on the effectiveness of these investigative techniques.
The High Court of Australia has ruled that current sentencing practices are one factor to be considered in a judge's decision making, but not the controlling factor.
This article aims to to understand how section 14A of the Acts Interpretation Act 1954 (Qld) should be read and understood.
The purpose of this resource is to synthesise over forty years of research evidence to present an accurate and updated picture of sexual offending.
The Model Criminal Code (MCC) was intended to be a Code for all Australian jurisdictions. This paper assesses the MCC as a criminal law reform project and explores questions of how the MCC came into being, and why it took shape in certain ways at...
This article examines Australia's idiosyncratic approach to the criminalisation of drug driving, highlighting its weak correlation with the important road safety objective of deterring substance-impaired driving, and the risks of both over- and under-criminalisation that it creates.