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Upholding whose right? Discretionary police powers to punish, collective 'pre-victimisation and the dilution of individual rights

Farmer, Clare 2016, Upholding whose right? Discretionary police powers to punish, collective 'pre-victimisation and the dilution of individual rights, Australian & New Zealand journal of criminology, In Press, pp. 1-17, doi: 10.1177/0004865816660351.

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Title Upholding whose right? Discretionary police powers to punish, collective 'pre-victimisation and the dilution of individual rights
Author(s) Farmer, Clare
Journal name Australian & New Zealand journal of criminology
Season In Press
Start page 1
End page 17
Total pages 17
Publisher Sage
Place of publication London, Eng.
Publication date 2016-07-25
ISSN 0004-8658
Keyword(s) balance
banning notices
discretionary police powers
individual rights
Summary This article uses the example of Victoria’s alcohol-related banning notice provisions to explore the changing conception of balance within criminal justice processes. Despite the formalisation of individual rights within measures such as Victoria’s Charter of Human Rights and Responsibilities Act 2006, the discretionary power of the police to issue on-the-spot punishments in response to actual or potential criminal behaviour has increased steadily. A key driver, evident across the parliamentary debates of the banning legislation, is a presumed need to protect the broader community of potential victims. As a result, the individual rights of those accused (but not necessarily convicted) of undesirable behaviours are increasingly subordinated to the pre-emptive protection of the law-abiding majority. This shift embodies a largely unsubstantiated notion of collective pre-victimisation. Significantly, despite the expectations of Victoria’s Charter, measures such as banning notices have been enacted with insufficient evidence of the underlying collective risk, of their likely effectiveness and without meaningful ongoing scrutiny. The motto of Victoria Police – Uphold the Right –appears to belie a growing uncertainty over whose rights should be upheld and how.
Language eng
DOI 10.1177/0004865816660351
Field of Research 160203 Courts and Sentencing
160205 Police Administration, Procedures and Practice
160201 Causes and Prevention of Crime
1602 Criminology
1801 Law
1701 Psychology
Socio Economic Objective 940403 Criminal Justice
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2016, The Author
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Document type: Journal Article
Collection: School of Humanities and Social Sciences
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Created: Tue, 25 Oct 2016, 16:08:56 EST

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