Threshold Decisions in Determining Whether to Prosecute Child Sexual Abuse. The objective of this project is new knowledge about the way police and prosecutors make decisions about the prosecution of child sexual assault that could be used to influence policy and practice. Few cases of child sexual abuse reported to the police ever go to court but recent research in New South Wales for the Royal Commission indicates that the proportion has declined sharply over the last decade or so. This projec ....Threshold Decisions in Determining Whether to Prosecute Child Sexual Abuse. The objective of this project is new knowledge about the way police and prosecutors make decisions about the prosecution of child sexual assault that could be used to influence policy and practice. Few cases of child sexual abuse reported to the police ever go to court but recent research in New South Wales for the Royal Commission indicates that the proportion has declined sharply over the last decade or so. This project aims to examine how police and prosecutors decide which cases proceed and why, and how they confer with each other as well as when and how they consult with complainants and their families. This project plans to also develop and test practice tools and principles for police and prosecutors with expected benefits for both them and the families involved.Read moreRead less
The non-fatal strangulation offence as a response to domestic violence. This project aims to review the application and experience of the non-fatal strangulation offence as a response to domestic violence. Through a mixed-methods design, the project will generate new knowledge about the operation of the non-fatal strangulation offence in practice. This is crucial given that many women escaping domestic violence report non-fatal strangulation from their past partner. Expected outcomes of the Proj ....The non-fatal strangulation offence as a response to domestic violence. This project aims to review the application and experience of the non-fatal strangulation offence as a response to domestic violence. Through a mixed-methods design, the project will generate new knowledge about the operation of the non-fatal strangulation offence in practice. This is crucial given that many women escaping domestic violence report non-fatal strangulation from their past partner. Expected outcomes of the Project include the development of law reform and policy recommendations to improve the operation of the offence, enhance service responses and develop professional education. This research will provide significant social and economic benefits through better understanding of the legal response to domestic violence.
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Using jurors to gauge informed public opinion on sentencing. Policy makers and judicial officers are under increasing pressure to respond to public opinion on sentencing issues and yet gauging public opinion on these issues is problematic. This project will use a new means of ascertaining informed public opinion on sentencing issues to better inform policy makers and judicial officers.
Improving Legal Frameworks to Support Online Child Sex Abuse Prosecutions. This project aims to gain a deeper understanding of the nature and extent of online child sexual abuse prosecutions in Australia. Using empirical studies to draw on the practical experience of law enforcement and other stakeholders, it will generate new knowledge concerning the suitability of Australia's legal and policy frameworks to effectively investigate and prosecute such offences, with a particular focus on the Asia ....Improving Legal Frameworks to Support Online Child Sex Abuse Prosecutions. This project aims to gain a deeper understanding of the nature and extent of online child sexual abuse prosecutions in Australia. Using empirical studies to draw on the practical experience of law enforcement and other stakeholders, it will generate new knowledge concerning the suitability of Australia's legal and policy frameworks to effectively investigate and prosecute such offences, with a particular focus on the Asia-Pacific region and the use of new technologies. Expected outcomes include evidence-based recommendations on criminal law reform and enforcement policy that aim to improve the international enforcement of online child sexual abuse offences, and to provide a model for other forms of serious transnational online crime.Read moreRead less
Justice in the Streets? Responses to Public Homelessness and Public Dissent. This project focuses on legal and social regulation of city streets, including the impact on the increasing numbers of Australians experiencing public homelessness or engaging in public protest. Typical legal and policy responses tend towards criminalisation, exclusion and surveillance; the consequences for affected individuals include intensified social stratification and disadvantage along with risks of involvement in ....Justice in the Streets? Responses to Public Homelessness and Public Dissent. This project focuses on legal and social regulation of city streets, including the impact on the increasing numbers of Australians experiencing public homelessness or engaging in public protest. Typical legal and policy responses tend towards criminalisation, exclusion and surveillance; the consequences for affected individuals include intensified social stratification and disadvantage along with risks of involvement in the criminal justice system. This project examines legal, social and municipal strategies regarding public homelessness and public protest and investigates their impact on individuals and groups affected. Expected benefits include proposals for ways of reforming law and policy to achieve ‘spatial justice’ in city streets.Read moreRead less
Examining the impact of remand and the utility of bail risk assessments. Australia has experienced soaring incarceration rates, driven by the pre-trial detention of unsentenced people pending trial, not by rising crime rates. The decision to remand a person into custody pending trial has implications for public safety and individual rights. Although the impact of remand has gained increasing importance given adverse coronial findings, no studies have examined the mental health and justice impact ....Examining the impact of remand and the utility of bail risk assessments. Australia has experienced soaring incarceration rates, driven by the pre-trial detention of unsentenced people pending trial, not by rising crime rates. The decision to remand a person into custody pending trial has implications for public safety and individual rights. Although the impact of remand has gained increasing importance given adverse coronial findings, no studies have examined the mental health and justice impacts of remand. This project seeks to examine the effect of remand on future crime, justice outcomes, and mental health outcomes. This project will also examine the factors associated with bail decisions and develop mathematical models designed to accurately forecast bail release outcomes and reduce demographic disparities. Read moreRead less
Trajectories of Wrongful Conviction and Pathways to Exoneration. This is the first national study of its kind that investigates the trajectories of wrongful convictions as systems failures by examining decisions from investigation to exoneration. Wrongful conviction is a significant social and legal problem in Australia and other nations. It costs the Australian government millions in police, court and prison services and has health and psychological consequences for exonerees and their families ....Trajectories of Wrongful Conviction and Pathways to Exoneration. This is the first national study of its kind that investigates the trajectories of wrongful convictions as systems failures by examining decisions from investigation to exoneration. Wrongful conviction is a significant social and legal problem in Australia and other nations. It costs the Australian government millions in police, court and prison services and has health and psychological consequences for exonerees and their families. Expected outcomes for this project include an early warning detection tool to identify at-risk cases and overall improved accuracy in convictions. This will provide significant benefits, for criminal justice agencies, victims and accused individuals while positioning Australia as a world leader in the field.Read moreRead less
Remedies under the Australian Consumer Law and the Common Law: Evolution and Revolution. The Australian Consumer Law (ACL) and its precursor, the Trade Practices Act, have revolutionised the Australian consumer protection landscape. However, consumers are not receiving the protection envisaged under the Act because of fundamental uncertainties undermining the statutory remedies. The problem lies in the lack of any rigorous theoretical account of the ongoing interactions between the remedial prov ....Remedies under the Australian Consumer Law and the Common Law: Evolution and Revolution. The Australian Consumer Law (ACL) and its precursor, the Trade Practices Act, have revolutionised the Australian consumer protection landscape. However, consumers are not receiving the protection envisaged under the Act because of fundamental uncertainties undermining the statutory remedies. The problem lies in the lack of any rigorous theoretical account of the ongoing interactions between the remedial provisions of the ACL and the remedies that have traditionally been applied by judges in similar circumstances. This account will develop that framework to unlock the full potential of the remedial provisions of the ACL and provide a fresh means of understanding the evolving relationship between statutory and judge-made law.Read moreRead less
How just is our criminal justice system? Crime reduction, retribution and their impact on substantive criminal law. The aims of punishment impact dramatically on the substantive criminal law. Although there have been various attempts to develop general theories of criminal responsibility, this is the first study to apply integrated theories of punishment to specific offences, and the analytical structure of the criminal law.
By exploring the tensions between crime reduction and retribution, t ....How just is our criminal justice system? Crime reduction, retribution and their impact on substantive criminal law. The aims of punishment impact dramatically on the substantive criminal law. Although there have been various attempts to develop general theories of criminal responsibility, this is the first study to apply integrated theories of punishment to specific offences, and the analytical structure of the criminal law.
By exploring the tensions between crime reduction and retribution, the project develops a theory of criminalisation; concrete proposals for the reform of core offences, a criminal code and systematic sentencing principles; thereby improving the efficiency, fairness and accountability of the criminal justice system.Read moreRead less
Analysing interactions within the criminal deportation system. This project aims to investigate the convergence of migration control and criminal justice by analysing pathways to criminal deportation. The project expects to generate new criminological understandings of deportation as a means of promoting community safety using interdisciplinary approaches that capture regional and metropolitan practice. Expected outcomes include knowledge of how information flows between migration control and cr ....Analysing interactions within the criminal deportation system. This project aims to investigate the convergence of migration control and criminal justice by analysing pathways to criminal deportation. The project expects to generate new criminological understandings of deportation as a means of promoting community safety using interdisciplinary approaches that capture regional and metropolitan practice. Expected outcomes include knowledge of how information flows between migration control and criminal justice agencies, and the implications for policing, courts, and prison administration. This should provide significant benefits for policy-makers and practitioners, by articulating emerging and unexplored practices that have major consequences for community safety, social cohesion and the rule-of-law.Read moreRead less