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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.

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Title A civilianised summary power to exclude: Perceptual deterrence, compliance and legitimacy
Author(s) Farmer, ClareORCID iD for Farmer, Clare orcid.org/0000-0003-2905-2173
Journal name 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.
Language eng
DOI 10.5204/IJCJSD.1562
Indigenous content off
Field of Research 160201 Causes and Prevention of Crime
160206 Private Policing and Security Services
1602 Criminology
1608 Sociology
1801 Law
Socio Economic Objective 940403 Criminal Justice
HERDC Research category C1 Refereed article in a scholarly journal
Free to Read? Yes
Use Rights Creative Commons Attribution licence
Persistent URL http://hdl.handle.net/10536/DRO/DU:30147952

Document type: Journal Article
Collections: Faculty of Arts and Education
School of Humanities and Social Sciences
Open Access Collection
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Created: Tue, 09 Feb 2021, 10:53:29 EST

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.