Criminal justice

Journal article

01 Sep 2017

The Model Criminal Code (MCC) was intended to be a Code for all Australian jurisdictions. It represents a high point of faith in the value and possibility of systematising, rationalising and modernising criminal law. The core of the MCC is Chapter 2, the ‘general principles of criminal...

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Journal article

01 Sep 2017

Indigenous peoples in Australia, the United States and Canada are significantly overrepresented as defendants in criminal trials and yet vastly underrepresented on juries in criminal trials. This means that all-white juries mostly determine the guilt of Indigenous defendants or white defendants...

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Discussion paper

31 Aug 2017

On 7 July 2017 pursuant to section 5(2)(a) of the Victorian Law Reform Commission Act 2000, the Attorney-General, the Hon. Martin Pakula MP, provided the Victorian Law Reform Commission with supplementary terms of reference for the review on family violence and the Victims of Crime Assistance...

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Article

13 Aug 2017

Provides a commentary on the New Zealand criminal justice system's treatment of tax evasion and debt compared with welfare fraud and debt - in the context of recations to Metiria Turei's admission of welfare fraud. 

The author, Professor of Taxation at Victoria University's Business...

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Report

08 Aug 2017

Incarceration in Australia is growing rapidly. The 2016 adult incarceration rate was 208 per 100,000 adults, up 28 percent from 2006. There are now more than 36,000 prisoners, up 39 percent from a decade ago.

The Institute of Public Affairs Criminal Justice Project has investigated the...

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Fact sheet

28 Jul 2017

This fact sheet summarises some of the similarities and differences between young people and adults in the justice systems in Australia. In 2015–16, the most common principal offence among young people was theft, while among adults it was illicit drug offences.

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Report

20 Jul 2017

The Attorney-General and Minister for Justice, Yvette D’Ath, asked us to review the classification of child exploitation material (CEM) for sentencing purposes and determine whether any improvements can be made. The final report has now been released.

The review comprised significant...

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Research report

12 Jul 2017

This research paper looks at the differences between Tasmanian indefinite detention provisions, and those of other Australian jurisdictions. The study considers issues associated with making a dangerous criminal declaration, including the test and standard of proof, and whether separate...

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Commentary

07 Jun 2017

Sadly, another horrific episode under the banner of Islamist extremism is front-page news. This time the perpetrator was a 29-year-old Somali-born Victorian man, Yacqub Khayre, described as a “weakling, deserter and a jihadi of convenience”.

On Monday, armed with a sawn-off shotgun and...

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Report

02 Jun 2017

Police diversion is widely utilised as an intervention for minor cannabis offending in Australia. This study compared the cost-effectiveness and outcomes of three kinds of diversions—cautions, expiation and warnings—with the traditional criminal justice system response of charging the offender....

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Discussion paper

17 May 2017

This Issues Paper considers options for reform that may improve the effectiveness of the criminal justice response to drink drivers in Tasmania, by exploring sentencing options that are more likely to influence offenders’ perceptions of risks represented by their behaviour, and bring about...

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Research report

01 May 2017

My first advice was directed largely to legislative reform in accordance with the Terms of Reference. This advice deals with broader systemic issues that arise directly out of the consideration of the operation of the bail system, including Terms of Reference 4 to 7. It also addresses issues...

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Policy report

27 Apr 2017

In 2013 Treasury talked of declining expenditure on Criminal Justice in a world where other fiscal costs such as Health and Superannuation spending were expected to increase. In 2016, the New Zealand Government announced the building of an additional prison.

What happened? This report...

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Research report

26 Apr 2017

Queensland's criminal justice system prevents, detects, and investigates crimes. It delivers judicial processes, manages prisoners and offenders, and provides rehabilitation services.

The Queensland Police Service and the Department of Justice and Attorney-General (through its Queensland...

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Research report

10 Apr 2017

The Waitangi Tribunal has found the Crown in breach of its Treaty obligations by failing to prioritise the reduction of the high rate of Māori reoffending relative to non-Māori. The Tribunal says the undisputed disparity between Māori and non-Māori reoffending rates is longstanding and...

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Research report

03 Apr 2017

The provisions relating to bail in Victoria are already very strict. I do not consider that the Bail Act 1977 (the Bail Act) needs a major overhaul in terms of its theoretical underpinnings. In particular, I consider that there should continue to be a general presumption for...

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Journal article

01 Jan 2016

This study reports on attitudes towards tax evasion and welfare fraud. Data is collected in an online survey with 3,000 respondents from Australia and New Zealand. The results challenge the assumption that society views tax evasion as less serious than welfare fraud. This finding is important...

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