A civilianised summary power to exclude: Perceptual deterrence, compliance and legitimacy
Farmer, Clare 2022, A civilianised summary power to exclude: Perceptual deterrence, compliance and legitimacy, International Journal for Crime, Justice and Social Democracy, vol. 11, no. 2, pp. 143-158, doi: 10.5204/IJCJSD.1562.
International Journal for Crime, Justice and Social Democracy
Volume number
11
Issue number
2
Start page
143
End page
158
Total pages
16
Publisher
Queensland University of Technology
Place of publication
Brisbane, Qld.
Publication date
2022-06
ISSN
2202-7998 2202-8005
Summary
As a response to alcohol-related disorderly behaviours, the use of exclusion has expanded steadily across Australian jurisdictions but with minimal analysis of its effects. Bans, from public or private locations, are typically imposed summarily and presumed to be a meaningful deterrent to future problematic behaviours. The formalisation of licensee banning powers has created a civilianised police-enforceable power to punish by exclusion.In Victoria, the legislative framing of licensee barring order provisions precludes formal monitoring of their use. This article reports findings from interviews conducted with recipients. The conceptual and situational value of barring orders are acknowledged, but their capacity to act as a tangible deterrent or effective agent for behaviour change is far from conclusive.Barring orders constitute a civilianised summary power, which currently operates without scrutiny or accountability. Implications for the operational legitimacy of barring powers emerge from this study, in addition to broader considerations with respect to compliance, enforcement, oversight, and the importance of developing and examining alcohol policies through a gendered lens.
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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.