Pub Date : 2022-04-01DOI: 10.1080/10345329.2022.2047146
Freya Devos, V. Nagy
ABSTRACT The Tasmanian female prison population has increased by 57% since 2000. Sexual victimisation is one of the most reported forms of victimisation among female prisoners in Australia. This article explores how seven Tasmanian correctional staff and program facilitators understand the relationship between sexual victimisation, offending and rehabilitation pathways and makes recommendations about how correctional systems can better manage practices that may re-victimise women. In doing so, the article provides the first analysis of how corrections workers and prison program practitioners working with incarcerated women in Tasmania understand the needs of their female clients. Findings demonstrate that prison and throughcare programs on offer in Tasmania do not consider the specific needs of women, especially women with histories of sexual victimisation.
{"title":"Sexual victimisation histories and rehabilitation in female prisoners: a Tasmanian case study","authors":"Freya Devos, V. Nagy","doi":"10.1080/10345329.2022.2047146","DOIUrl":"https://doi.org/10.1080/10345329.2022.2047146","url":null,"abstract":"ABSTRACT The Tasmanian female prison population has increased by 57% since 2000. Sexual victimisation is one of the most reported forms of victimisation among female prisoners in Australia. This article explores how seven Tasmanian correctional staff and program facilitators understand the relationship between sexual victimisation, offending and rehabilitation pathways and makes recommendations about how correctional systems can better manage practices that may re-victimise women. In doing so, the article provides the first analysis of how corrections workers and prison program practitioners working with incarcerated women in Tasmania understand the needs of their female clients. Findings demonstrate that prison and throughcare programs on offer in Tasmania do not consider the specific needs of women, especially women with histories of sexual victimisation.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"34 1","pages":"275 - 290"},"PeriodicalIF":1.9,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42621258","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-24DOI: 10.1080/10345329.2022.2048443
Clare Davidson, A. Loughnan, Sarah Murray
ABSTRACT This article assesses the need for veterans’ courts or lists in Australia. While evidence suggests that former and returned service personnel are over-represented in criminal justice institutions, insufficient attention has been paid to the desirability and feasibility of a veterans’ court or list in Australia. In accordance with therapeutic jurisprudence principles, a specialist court such as this would divert eligible individuals from standard court processes into a track focused on treatment and rehabilitation. In this article, we assess the available data addressing veterans’ interactions with the criminal justice system and analyse the relevance of the overseas experience for Australia. We identify the considerations relevant to the establishment of a veterans’ court or veterans’ list and argue that a bespoke veterans’ justice pathway should be considered in order to enhance the responsiveness of the criminal justice system to the specific needs of returned service personnel, and to expand the scope of therapeutic approaches to crime in Australian jurisdictions.
{"title":"Serving those who serve?: A critical assessment of the need for a veterans’ court or veterans’ list in Australia","authors":"Clare Davidson, A. Loughnan, Sarah Murray","doi":"10.1080/10345329.2022.2048443","DOIUrl":"https://doi.org/10.1080/10345329.2022.2048443","url":null,"abstract":"ABSTRACT This article assesses the need for veterans’ courts or lists in Australia. While evidence suggests that former and returned service personnel are over-represented in criminal justice institutions, insufficient attention has been paid to the desirability and feasibility of a veterans’ court or list in Australia. In accordance with therapeutic jurisprudence principles, a specialist court such as this would divert eligible individuals from standard court processes into a track focused on treatment and rehabilitation. In this article, we assess the available data addressing veterans’ interactions with the criminal justice system and analyse the relevance of the overseas experience for Australia. We identify the considerations relevant to the establishment of a veterans’ court or veterans’ list and argue that a bespoke veterans’ justice pathway should be considered in order to enhance the responsiveness of the criminal justice system to the specific needs of returned service personnel, and to expand the scope of therapeutic approaches to crime in Australian jurisdictions.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"34 1","pages":"119 - 135"},"PeriodicalIF":1.9,"publicationDate":"2022-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46376505","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-19DOI: 10.1080/10345329.2022.2046934
Francis Maxwell
ABSTRACT In August 2021, the Commonwealth government passed the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (Cth), authorising warrants that enable government hacking for investigation of past or future crimes. This article analyses the Act to understand the potential intrusions of data disruption warrants on the privacy of individuals. Taking the importance of privacy as extending beyond the individual to the collective political health of the community, it assesses whether the intrusions on privacy by data disruption warrants are limited to what is necessary to address problems that are demonstrated by the government, and whether its use is limited to what is proportionate to achieve these legitimate aims. The analysis reveals there has been some attempt by the government to ensure necessity and proportionality. However, there are significant shortcomings to these safeguards that must be ameliorated. Further, the analysis demonstrates that the government justified these new powers with disproportionate reference to the need to curb online child sexual exploitation. The Act offers a compelling case study of securitisation of online child sexual exploitation to legitimate wide-ranging changes to digital surveillance powers. Recommendations are made for the urgent improvement of the Act.
{"title":"When good is not good enough: evaluating the proportionality and necessity of the Australian government hacking warrants","authors":"Francis Maxwell","doi":"10.1080/10345329.2022.2046934","DOIUrl":"https://doi.org/10.1080/10345329.2022.2046934","url":null,"abstract":"ABSTRACT In August 2021, the Commonwealth government passed the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (Cth), authorising warrants that enable government hacking for investigation of past or future crimes. This article analyses the Act to understand the potential intrusions of data disruption warrants on the privacy of individuals. Taking the importance of privacy as extending beyond the individual to the collective political health of the community, it assesses whether the intrusions on privacy by data disruption warrants are limited to what is necessary to address problems that are demonstrated by the government, and whether its use is limited to what is proportionate to achieve these legitimate aims. The analysis reveals there has been some attempt by the government to ensure necessity and proportionality. However, there are significant shortcomings to these safeguards that must be ameliorated. Further, the analysis demonstrates that the government justified these new powers with disproportionate reference to the need to curb online child sexual exploitation. The Act offers a compelling case study of securitisation of online child sexual exploitation to legitimate wide-ranging changes to digital surveillance powers. Recommendations are made for the urgent improvement of the Act.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"34 1","pages":"136 - 154"},"PeriodicalIF":1.9,"publicationDate":"2022-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42801345","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-02-05DOI: 10.1080/10345329.2022.2029084
S. Rowe, L. Dowse, Michael Baker, E. Baldry
ABSTRACT Amidst the increase in protest, activism and scholarship about police violence and repression in recent years, considerations of disability and ableism continue to be relegated to the margins. This article draws on interviews with leading disability justice advocates in Australia to shed light on the nature of police interactions with people with disability. Our analysis contributes to critical scholarship, advocacy and activism in four key ways. First, we reveal how the ubiquity of ableism in policing renders people with disability dangerous and undeserving Others. Second, we exemplify how the mutually constitutive roles of racism and ableism in policing consolidate the inseparability of the struggles for justice of racialised people and people with disability. Third, we reveal how the persistence of sexism and ableism in policing fails to protect victimised women with disability by constructing them and their experiences of violence as unbelievable subjects. Fourth, we affirm the vital importance of building alternative, community-driven approaches to safety. Our analysis underscores the necessity of attending to the interactions between racism, ableism and sexism in progressing scholarship and organising to divest funds from police and to eliminate their role in responding to unmet community care needs that they cannot and should not control.
{"title":"Policing disability: alliance building, police divestment and community investment","authors":"S. Rowe, L. Dowse, Michael Baker, E. Baldry","doi":"10.1080/10345329.2022.2029084","DOIUrl":"https://doi.org/10.1080/10345329.2022.2029084","url":null,"abstract":"ABSTRACT Amidst the increase in protest, activism and scholarship about police violence and repression in recent years, considerations of disability and ableism continue to be relegated to the margins. This article draws on interviews with leading disability justice advocates in Australia to shed light on the nature of police interactions with people with disability. Our analysis contributes to critical scholarship, advocacy and activism in four key ways. First, we reveal how the ubiquity of ableism in policing renders people with disability dangerous and undeserving Others. Second, we exemplify how the mutually constitutive roles of racism and ableism in policing consolidate the inseparability of the struggles for justice of racialised people and people with disability. Third, we reveal how the persistence of sexism and ableism in policing fails to protect victimised women with disability by constructing them and their experiences of violence as unbelievable subjects. Fourth, we affirm the vital importance of building alternative, community-driven approaches to safety. Our analysis underscores the necessity of attending to the interactions between racism, ableism and sexism in progressing scholarship and organising to divest funds from police and to eliminate their role in responding to unmet community care needs that they cannot and should not control.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"34 1","pages":"171 - 187"},"PeriodicalIF":1.9,"publicationDate":"2022-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48621887","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-11DOI: 10.1080/10345329.2021.2021721
E. Reeves
ABSTRACT The Victorian Royal Commission into Family Violence, in its landmark 2016 report, recommended that in five years – 2021 – the Victorian Government consider expanding police powers to include the ability to grant on-the-spot family violence intervention orders. Such orders would see a bypassing of judicial oversight where deemed appropriate, thus mirroring the Tasmanian model, where police can issue orders for up to 12 months, unless the respondent seeks to have the order varied or revoked in court. There is currently a division in the family violence sector as to the appropriateness of police-issued civil protection orders, with many family violence advocates raising significant concerns. This article considers current debates regarding police-issued civil protection orders and highlights the misidentification of women victim-survivors of family violence as predominant aggressors as a possible unintended consequence of such reform. With the Victorian Government due to respond to Recommendation 59 of the Royal Commission into Family Violence this year, this commentary provides a timely analysis of sector debates and reinforces the potential harms of increasing police powers in a space where they have historically responded poorly.
{"title":"The potential introduction of police-issued family violence intervention orders in Victoria, Australia: Considering the unintended consequences","authors":"E. Reeves","doi":"10.1080/10345329.2021.2021721","DOIUrl":"https://doi.org/10.1080/10345329.2021.2021721","url":null,"abstract":"ABSTRACT The Victorian Royal Commission into Family Violence, in its landmark 2016 report, recommended that in five years – 2021 – the Victorian Government consider expanding police powers to include the ability to grant on-the-spot family violence intervention orders. Such orders would see a bypassing of judicial oversight where deemed appropriate, thus mirroring the Tasmanian model, where police can issue orders for up to 12 months, unless the respondent seeks to have the order varied or revoked in court. There is currently a division in the family violence sector as to the appropriateness of police-issued civil protection orders, with many family violence advocates raising significant concerns. This article considers current debates regarding police-issued civil protection orders and highlights the misidentification of women victim-survivors of family violence as predominant aggressors as a possible unintended consequence of such reform. With the Victorian Government due to respond to Recommendation 59 of the Royal Commission into Family Violence this year, this commentary provides a timely analysis of sector debates and reinforces the potential harms of increasing police powers in a space where they have historically responded poorly.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"34 1","pages":"207 - 218"},"PeriodicalIF":1.9,"publicationDate":"2022-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44938213","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-11DOI: 10.1080/10345329.2021.2018814
Quintan Crough, Cassandre Dion Larivière, M. Snow, Joseph Eastwood
ABSTRACT Rapport building has been highlighted as an effective and ethical means of eliciting information from suspects within criminal investigations. The purpose of this contemporary comment is to distinguish between what we have termed ‘interrogative rapport’ from rapport-building practices that occur in other professional contexts. To support this distinction, we advance the following arguments: (1) interrogative rapport is actively and intentionally created by the interviewer; (2) the goal of actively building rapport is to persuade the suspect to comply with requests for information; (3) interrogative rapport is inherently deceptive; and (4) the interviewer’s goal of rapport building—the elicitation of information from the suspect—is independent of, and often in opposition to, the suspect’s best interests. We believe that by acknowledging the outlined elements of interrogative rapport, more nuanced discussions concerning both rapport and persuasion within suspect interviews will result.
{"title":"Reflections on the nature of rapport within suspect interviews","authors":"Quintan Crough, Cassandre Dion Larivière, M. Snow, Joseph Eastwood","doi":"10.1080/10345329.2021.2018814","DOIUrl":"https://doi.org/10.1080/10345329.2021.2018814","url":null,"abstract":"ABSTRACT\u0000 Rapport building has been highlighted as an effective and ethical means of eliciting information from suspects within criminal investigations. The purpose of this contemporary comment is to distinguish between what we have termed ‘interrogative rapport’ from rapport-building practices that occur in other professional contexts. To support this distinction, we advance the following arguments: (1) interrogative rapport is actively and intentionally created by the interviewer; (2) the goal of actively building rapport is to persuade the suspect to comply with requests for information; (3) interrogative rapport is inherently deceptive; and (4) the interviewer’s goal of rapport building—the elicitation of information from the suspect—is independent of, and often in opposition to, the suspect’s best interests. We believe that by acknowledging the outlined elements of interrogative rapport, more nuanced discussions concerning both rapport and persuasion within suspect interviews will result.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"34 1","pages":"219 - 228"},"PeriodicalIF":1.9,"publicationDate":"2022-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47547066","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-07DOI: 10.1080/10345329.2021.2018813
E. Marchetti, Sarah Woodland, V. Saunders, Leah Barclay, Bianca Beetson
ABSTRACT Research shows that prison programs addressing intergenerational trauma and grief, loss of culture and spiritual healing are necessary for incarcerated Aboriginal and Torres Strait Islander peoples. Indigenous-led or culturally focused programs receive little attention and limited resourcing in Australia’s prison system compared with mainstream rehabilitation programs. Depending on the jurisdiction and prison, such programs can be even less accessible for Aboriginal and Torres Strait Islander women. Listening to Country was an arts-based prison pilot project that was developed by and delivered to Aboriginal and Torres Strait Islander women in the Brisbane Women’s Correctional Centre. It aimed to explore the role of acoustic ecology, soundscape and deep listening in connection to culture and Country. This article presents findings from a process evaluation of that pilot project in order to illustrate the potential for Indigenous-led, culturally focused and culturally safe prison programs to improve wellbeing for incarcerated Indigenous peoples.
{"title":"Listening to Country: a prison pilot project that connects Aboriginal and Torres Strait Islander women on remand to Country","authors":"E. Marchetti, Sarah Woodland, V. Saunders, Leah Barclay, Bianca Beetson","doi":"10.1080/10345329.2021.2018813","DOIUrl":"https://doi.org/10.1080/10345329.2021.2018813","url":null,"abstract":"ABSTRACT Research shows that prison programs addressing intergenerational trauma and grief, loss of culture and spiritual healing are necessary for incarcerated Aboriginal and Torres Strait Islander peoples. Indigenous-led or culturally focused programs receive little attention and limited resourcing in Australia’s prison system compared with mainstream rehabilitation programs. Depending on the jurisdiction and prison, such programs can be even less accessible for Aboriginal and Torres Strait Islander women. Listening to Country was an arts-based prison pilot project that was developed by and delivered to Aboriginal and Torres Strait Islander women in the Brisbane Women’s Correctional Centre. It aimed to explore the role of acoustic ecology, soundscape and deep listening in connection to culture and Country. This article presents findings from a process evaluation of that pilot project in order to illustrate the potential for Indigenous-led, culturally focused and culturally safe prison programs to improve wellbeing for incarcerated Indigenous peoples.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"34 1","pages":"155 - 170"},"PeriodicalIF":1.9,"publicationDate":"2022-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42194606","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-02DOI: 10.1080/10345329.2021.2004983
Rachel Loney-Howes, G. Heydon, Tully O’Neill
ABSTRACT This article analyses the content of 483 reports of sexual violence, including rape, sexual assault, child sexual abuse and various forms of sexual harassment, made to a digital reporting tool (DRT) developed by a rape crisis centre in Melbourne, Australia. These written digital reports were made in a confidential and informal capacity, with all de-identified reports distributed to relevant policing jurisdictions to support intelligence gathering. Based on an analysis of the de-identified reports, this article suggests the DRT functioned as an important gateway in connecting survivors with appropriate therapeutic support when disclosing sexual violence and had a demonstrable capacity to provide the police with information for intelligence gathering. There was also scope for survivors to make formal reports should they wish to do so. However, further research with police, sexual violence support services and survivors is needed to develop a full understanding of the potential of informal sexual violence reporting options.
{"title":"Connecting survivors to therapeutic support and criminal justice through informal reporting options: an analysis of sexual violence reports made to a digital reporting tool in Australia","authors":"Rachel Loney-Howes, G. Heydon, Tully O’Neill","doi":"10.1080/10345329.2021.2004983","DOIUrl":"https://doi.org/10.1080/10345329.2021.2004983","url":null,"abstract":"ABSTRACT This article analyses the content of 483 reports of sexual violence, including rape, sexual assault, child sexual abuse and various forms of sexual harassment, made to a digital reporting tool (DRT) developed by a rape crisis centre in Melbourne, Australia. These written digital reports were made in a confidential and informal capacity, with all de-identified reports distributed to relevant policing jurisdictions to support intelligence gathering. Based on an analysis of the de-identified reports, this article suggests the DRT functioned as an important gateway in connecting survivors with appropriate therapeutic support when disclosing sexual violence and had a demonstrable capacity to provide the police with information for intelligence gathering. There was also scope for survivors to make formal reports should they wish to do so. However, further research with police, sexual violence support services and survivors is needed to develop a full understanding of the potential of informal sexual violence reporting options.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"34 1","pages":"20 - 37"},"PeriodicalIF":1.9,"publicationDate":"2021-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46145500","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-20DOI: 10.1080/10345329.2021.1988248
Stephanie Price, T. Prenzler, Nadine McKillop, Susan Rayment-McHugh
ABSTRACT This paper provides a summary history and critique of the development and implementation of restorative justice in the Queensland youth justice system through an analysis of official data and documentary sources. The paper focuses on policy changes, including government responses to program reviews, issues regarding the availability of conferencing, connections between conferencing and prevention and program transparency and accountability. The study provides several important lessons applicable across jurisdictions. The main finding was that conferencing in Queensland remains substantially underutilised. This was associated in large part with the discretionary gatekeeping role of police, the absence of a systematic and comprehensive consultation process with victims and accused persons and governments ignoring the science of restorative justice. In terms of prevention, the study identifies the need for a more integrated approach involving conferencing, risk assessments and the post-conference supervision and welfare needs of offenders.
{"title":"The evolution of youth justice conferencing in Queensland, 1990–2021","authors":"Stephanie Price, T. Prenzler, Nadine McKillop, Susan Rayment-McHugh","doi":"10.1080/10345329.2021.1988248","DOIUrl":"https://doi.org/10.1080/10345329.2021.1988248","url":null,"abstract":"ABSTRACT This paper provides a summary history and critique of the development and implementation of restorative justice in the Queensland youth justice system through an analysis of official data and documentary sources. The paper focuses on policy changes, including government responses to program reviews, issues regarding the availability of conferencing, connections between conferencing and prevention and program transparency and accountability. The study provides several important lessons applicable across jurisdictions. The main finding was that conferencing in Queensland remains substantially underutilised. This was associated in large part with the discretionary gatekeeping role of police, the absence of a systematic and comprehensive consultation process with victims and accused persons and governments ignoring the science of restorative justice. In terms of prevention, the study identifies the need for a more integrated approach involving conferencing, risk assessments and the post-conference supervision and welfare needs of offenders.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"34 1","pages":"77 - 94"},"PeriodicalIF":1.9,"publicationDate":"2021-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45356759","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-12DOI: 10.1080/10345329.2021.1983103
Josh Pallas
ABSTRACT Since 2020, the Terrorism (High-Risk Offenders) Act 2017 (NSW) (THRO Act) has increasingly become a frontier for contestation about the implied freedom of political communication and the maintenance of community safety. In closely considering two recent decisions, State of New South Wales v Cheema (Preliminary) [2020] NSWSC 876 and Cheema v State of New South Wales [2020] NSWCA 190, this article analyses the courts’ use of a deeming provision to prove that an offender has advocated support for a terrorist act or violent extremism. I argue that these decisions have significant implications for the rights of offenders convicted of indictable offences and journalists who seek to engage in political communication. I further argue contrary to the reasoning in the decisions, that the THRO Act has the real capacity to burden the implied freedom of political communication in extending the State’s powers to subject individuals to supervision and detention after expiry of their sentences in a way that is disproportionate to the end of maintaining community safety. In doing so, I seek to draw attention to the THRO Act’s extraordinary ambit in a call for wider scholarly attention as provisions such as that under examination are increasingly frequently invoked.
{"title":"Heed the call: the implied freedom of political communication and the terrorism high-risk offenders regime","authors":"Josh Pallas","doi":"10.1080/10345329.2021.1983103","DOIUrl":"https://doi.org/10.1080/10345329.2021.1983103","url":null,"abstract":"ABSTRACT Since 2020, the Terrorism (High-Risk Offenders) Act 2017 (NSW) (THRO Act) has increasingly become a frontier for contestation about the implied freedom of political communication and the maintenance of community safety. In closely considering two recent decisions, State of New South Wales v Cheema (Preliminary) [2020] NSWSC 876 and Cheema v State of New South Wales [2020] NSWCA 190, this article analyses the courts’ use of a deeming provision to prove that an offender has advocated support for a terrorist act or violent extremism. I argue that these decisions have significant implications for the rights of offenders convicted of indictable offences and journalists who seek to engage in political communication. I further argue contrary to the reasoning in the decisions, that the THRO Act has the real capacity to burden the implied freedom of political communication in extending the State’s powers to subject individuals to supervision and detention after expiry of their sentences in a way that is disproportionate to the end of maintaining community safety. In doing so, I seek to draw attention to the THRO Act’s extraordinary ambit in a call for wider scholarly attention as provisions such as that under examination are increasingly frequently invoked.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"34 1","pages":"1 - 19"},"PeriodicalIF":1.9,"publicationDate":"2021-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48887754","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：