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The purpose of this paper is to examine the issues of plagiarism and academic integrity as they are covered by universities and to then identify the existence of legislation that would impose legal consequences. Accordingly, this paper adopts a legal approach to critical analysis and discourse in the examination of the issues and the appropriate legislation.

The professional development needs of early career academics (ECAs) are increasingly subject to scrutiny. The literature notes writing groups can be successful in increasing research outputs and improving research track records--a core concern for ECAs. However, the pressure on ECAs to publish takes the pleasure out of writing for many. We argue writing groups, created by and for ECAs, can provide an environment for ECAs to (re)produce pleasure in writing and participation in the processes of academic review and debate. In addition, our experience of a writing group was that it provided a platform of social and emotional support contributing to our personal well-being and professional development. (Contains 1 note.)

This paper offers a profile of the "typical" individual with intellectual disability accused of criminal behavior in Australia, discusses custodial versus noncustodial sentences for clients with intellectual disability, and describes features of a program designed to reduce recidivism rates for intellectually disabled offenders. (JDD)

Employing the medium of science fiction as a tool for both entertainment and serious inquiry, this paper utilizes a high-altitude overview of 17th and 18th century English colonial history as a case study to contemplate the potential future development of space law by a small extraplanetary community faced with the possibility of extinction. The analysis will follow a three-chapter structure, aiming to explore potential futures by considering the past, in hopes that future human expansion beyond the Earth succeeds without repeating those transgressions perpetrated by European, English and--eventually--American imperialism. The first chapter will examine the legal history of self-subsistent English colonies in North America and Australia, observing how these fledgling societies created new legal regimes by incorporating both their European legal heritage and novel concepts of law influenced by a new (to them) and uniquely challenging environment. Chapter Two will then present informed observations--based on certain historical precedents set by previous colonial societies--as to how a newly created Martian settlement might adapt its 21st-century legal heritage to accommodate the needs of a community on the edge of oblivion, anticipating that such a community will likely reshape its inherited legal framework in the interest of its long-term survival. Finally, Chapter Three will analyze how a fragile planetary settlement might defend its potentially novel (and likely controversial) actions under general international law, with special consideration for its potential exercise of self-determination. [ABSTRACT FROM AUTHOR]

When children participate in online sexual behaviour, such as 'sexting', there can be a range of legal and social consequences. Criminal law in Australia does not consistently address sexting, which means that in some jurisdictions, children who participate in sexting can be liable for offences related to child sexual abuse material (CSAM). Children who are 16 or 17 years old have reached the age to consent to sexual activity, yet the law, in many jurisdictions, does not allow them to participate in sexting. This paper seeks to reconceptualise sexting among older children as a separate practice to possessing and/or distributing CSAM. It explores the socio-legal considerations which arise when older children possess and share intimate online material, including how the age of consent to sexual activity is relevant to their participation in sexting. [ABSTRACT FROM AUTHOR]

The criminal law has a fundamental role in protecting bodily integrity and specifically the value of human life. This paper examines the role which the criminal law has played in addressing life-threatening and fatal abuse of older persons by others. It does so in light of the recent recommendations from the Australian Law Reform Commission and the Western Australian Parliamentary Inquiry Report on this issue. These reports acknowledge that elder abuse takes a variety of forms, but is commonly characterised by the breach of trust in an existing relationship. The paper reviews existing criminal protections in Western Australian criminal law and reflects upon several coronial inquiries. It submits that the moral distinctions characterising abuse which involve a life-threatening or fatal harm to an older person requires that the criminal law responds specifically to this abuse, and that such a response could be led by the inclusion of provisions in the Criminal Code (WA) which target those who facilitate this form of abuse of older persons. [ABSTRACT FROM AUTHOR]

Purpose – The purpose of this paper is to examine the trend towards the criminalization of hard core cartel conduct and to consider the appropriateness and effectiveness of extending the criminal law to this conduct. In addition, it will consider some of the legal implications, including the exposure of directors of companies to potential racketeering charges. Design/methodology/approach – The paper first examines cartel theory and the justification for prohibition. The paper then identifies the emerging trend toward criminalization of hard core cartel conduct, followed by an assessment of potential justifications for criminalization. Implications of criminalization, including the potential impact of organized crime legislation on offenders and regulators, will then be considered. Findings – There is a clear trend towards the criminalization of hard core cartels. The paper argues that this trend is appropriate, both because of the moral culpability it attracts and because of its potential to enhance general deterrence. The paper also argues that cartel conduct, in jurisdictions in which it is criminalized, will constitute "organized crime" as defined in the Palermo Convention and, as such, expose participants to potential money laundering and asset forfeiture consequences. Originality/value – This paper is of value to governments and regulators considering adoption or implementation of a criminal cartel regime and to practitioners in advising clients about potential consequences of cartel conduct within a criminal regime. [ABSTRACT FROM AUTHOR]

In 2014 an Australia public servant was killed in a confrontation over illegal land clearing. The perpetrator was a land holder with a history of non-compliance with environmental regulations and had been subject to a series of prosecutions. Political suggestions that the crime was somehow justified drew attention to the growing prevalence of law breaking linked to environmental law and policy in rural Australia. This paper investigated the social construction of both the crime and the community response through a qualitative media content analysis. Utilising the "Recipe for Criminalisation" framework developed by Amnesty International, the analysis identified a contest between media discourses of legitimacy in regards to the actions taken by the perpetrator, the public servant and ultimately, the regulatory framework itself. The analysis revealed that the link between media references to illegitimate legislation, excessive regulation, over-zealous compliance and strong social norms of rural independence and economic survival created a persuasive story of justified resistance to unwelcome environmental legislation in this case. Understanding how affected communities respond to instances of policy failure, civil and criminal law breaking and environmental compliance is a crucial factor in designing more legitimate and effective governance regimes. How media narratives are constructed, by whom and in whose interests remains an important analytic question for the study of resistance to environmental law and policy around the world. [ABSTRACT FROM AUTHOR]

Drug trafficking is frequently argued to be the leading driver of other serious and organised crime, but the interrelationships between such activities remain poorly understood. This paper uses open source law enforcement data to explore interrelationships in Australia. A database was compiled of all reported criminal incidents of high-level drug trafficking between 2011 and 2017 and any concurrent charges for other serious and organised crime (SOC), sourced from official reports and press releases of Australian federal law enforcement and criminal intelligence agencies. Over the seven-years period 24.4% drug trafficking cases involved concurrent SOC charges. Logistic regressions showed characteristics associated with any concurrent SOC charge included the type of drug trafficked, network size, network nationality and OMCG ties. But characteristics differed according to which SOC was cited in connection with the drug trafficking offence e.g. firearms offences versus corruption/fraud. We discuss the implications for research, policy and practice. [ABSTRACT FROM AUTHOR]

Leaders and experts from the forensic science community of Australia and New Zealand recently congregated to hold the 2016 Australasian Forensic Science Summit. The summit was a rare opportunity to critically evaluate the current state of forensic science against the drivers of change in our external influencing environment. This paper summarises the contextual information provided by representatives of the criminal justice, law enforcement, forensic science and science and technology sectors. It summarises this content and begins to explore at a high level possible implications for our field. It makes the case for change and establishes some of the external factors that as a field we will be required to confront. [ABSTRACT FROM AUTHOR]

This article is a comparative study of withdrawal as a defence to the criminal liability of an offender in Jordan (a civil law jurisdiction) and Australia (a common law jurisdiction). The analysis in this paper reveals that, in both jurisdictions, criminal laws have long accepted withdrawal as a conduit through which the offender's liability can be modified or completely quashed. However, there has been no serious attempt, at least in Jordan, to provide anything approaching a complete explanation of the conditions under which the defence may be available and to explore its limits and boundaries. Neither has any serious effort been made to offer an account of the defence's conceptual nature and governing rationale. The present paper seeks to identify and explore the defence's conceptual basis and rationale, its current state of law and the appropriate direction in which the defence might be developed. To achieve this purpose, the paper is divided into three sections. In Section 1, it explores the conceptual nature of withdrawal. Section 2 addresses the rationale of the defence in light of the underlying principles of criminal liability in both jurisdictions. In Section 3 a comparative analysis of the defence's qualifying requirements is undertaken in relation to both primary and accessorial criminal liability. Comparative analysis shows that withdrawal can be used as a defence to all forms of criminal complicity with differing degrees of variations in relation to both its qualifying requirements and the extent to which it may affect the liability of an offender. In cases involving incitement, however, the inciter cannot rely on the defence to avoid criminal liability although his or her punishment can be reduced pursuant to his or her voluntary withdrawal under the JPC. [ABSTRACT FROM AUTHOR]

Until recently, New Zealand law set a very low threshold for culpability under criminal nuisance or criminal negligence -- namely carelessness -- and this threatened to impact negatively on the provision of adventure recreation. In 2004, a new interpretation of criminal nuisance -- recklessness -- was introduced and this, too, is potentially damaging for adventure recreation by raising the bar to criminal culpability too high. In this paper, we consider the implications of the law of criminal nuisance for New Zealand recreation in general, and we take risk recreations (also known as adventure recreations) as particular cases in which the threshold could have far-reaching detrimental consequences for recreation provision and participation. Comparison with interpretations of criminal negligence (and civil in Australia) in other common law jurisdictions and a review of the New Zealand adventure recreation culture shows that the swing from a low jump to a high jump for culpability is not in the best interests of recreation in New Zealand, and that gross negligence or a major departure from accepted standards is the appropriate threshold. [ABSTRACT FROM AUTHOR]

Mafia-type criminal groups belonging to, or originated from, the Calabrian ‘ndrangheta from Southern Italy, have been object of recent academic research and media attention in Australia. The Australian ‘ndrangheta, as qualified form of organised crime, poses new challenges for law enforcement in the country. This paper briefly looks at the strategies to fight organised crime in Australia, with specific focus on anti-association laws. By using a comparative approach, the paper will look at the criminalisation of mafias as qualified forms of organised crime in other two jurisdictions, Italy and the USA, to advocate for an effective mafia criminalisation in Australia. In conclusion, this paper will argue that, in order to also fight mafia phenomena, criminal law in Australia should focus on behaviours of organised crime groups rather than only on the criminalisation of proscribed associations and their illegal activities. [ABSTRACT FROM AUTHOR]

Insider trading is a complex issue that involves both corporate and criminal law. Since the introduction of civil penalties, the Australian Securities and Investments Commission (ASIC) has only pursued one civil proceeding against insider trading. ASIC prefers criminal proceedings for their deterrent effects. This paper examines various features of Australian convicted insider trading cases from 2004 to the end of 2015 and provides a broad overview of the distribution of these cases. Further, this paper assesses the consistent application of sentencing factors and the determination of criminalities of different kinds of insider trading activities. Finally, this paper proposes renaming current insider trading laws to 'dealing with privileged information'. [ABSTRACT FROM AUTHOR]

Workplace bullying remains a substantial problem in many developed countries. It is estimated to cost the Australian economy over AUD$6 billion annually, the Irish economy at least €3 billion and the US around US$300 billion. In 2012 the Australian Government established a parliamentary inquiry into workplace bullying that resulted in the creation of a specific bullying jurisdiction within the Fair Work Commission to deal with the issue. This paper provides an overview and critical analysis of the new jurisdiction, comparing it to approaches in Europe and the United States. The paper argues for the adoption of stricter penalties, including criminal sanctions with considerable fines and uncapped compensation, as the most effective deterrent to toxic workplace cultures. [ABSTRACT FROM AUTHOR]

Objective: This paper aims to offer an overview of the mental health needs of Indigenous men and women in the criminal justice system and how Indigenous cultural perspectives on mental health might influence forensic mental health service provision., Conclusion: There is a need for both mental health and criminal justice agencies to collaborate more closely in developing new models of service provision that incorporate Indigenous perspectives on social and emotional wellbeing, recognize culturally specific mental health risk and protective factors in relation to prevention, early intervention and treatment, and take advantage of the opportunities for treatment that arise in the context of criminal justice system intervention.

Responding to behaviour from young people that is deemed troublesome but is not necessarily a breach of the criminal law is a challenge in many jurisdictions and this paper discusses responses to young people in New South Wales who engage in antisocial behaviour, specifically Youth Conduct orders, the readiness to resort to Youth Conduct Orders; the terms of YCOs and custodial net-widening. The paper draws links and connections between the policy, practical and legislative responses to ASB in New South Wales and the approaches taken in England and Wales. It argues that in both jurisdictions there has been a disjunction between the public discussion of antisocial behaviour and the ability of relevant authorities to implement the resulting legislation effectively. Effective responses to ASB are often those that are outside the criminal justice system and away from public attention. This paper develops a critical analysis of the political and ideological significance of the problematisation of antisocial behaviour (ASB) and the criminalisation of young people through social policy associated with enforcement driven ASB strategies. [ABSTRACT FROM AUTHOR]

Objective: This paper provides a conceptual, historical and legislative overview of fitness issues. These include fitness to be interrogated or charged, to plead, to be tried and to be sentenced in the context of Australia and New Zealand., Conclusions: Legislation regarding fitness issues needs to strike a balance between protecting the rights of mentally impaired defendants to a fair trial process and recognizing that mental illness in itself does not absolutely preclude participation in a trial process or necessarily diminish criminal responsibility. Although the key determinants of fitness seem to be the ability to cope with court processes and communicate with counsel, the application of clinical judgement to legal criteria is not always straightforward.

Court diversion schemes have been running for a decade in New Zealand and are increasing in number in Australia. This paper aims to give an international and historical context to these developments, by reference to psychiatric initiatives at courts in the US and in England and Wales. From a review of the specialist literature, an account is given of three forms of psychiatric intervention in courts over the last 90 years: court psychiatric clinics and mental health courts in the US, and court diversion schemes in England and Wales. High levels of psychiatric morbidity among prisoners, coupled with a continuing increase in prisoner numbers, demonstrate the need for systems for dealing with mentally ill people who come before the courts. Court diversion in England and Wales developed as part of a system where the mentally ill who are found guilty are sent to hospital in lieu of any other sentence. Its focus is on a form of psychiatric triage, and its ethos is the health of the patient. Court psychiatric clinics in the US grew up as an alternative to assessment in prison. Their focus has been on full psychiatric evaluation in an insanity and incompetence jurisdiction. The ethos has been that of serving the court. Mental health courts are heavily influenced by ideas of therapeutic jurisprudence, and their emphasis has been on a judge holding minor offenders in community care through the threat of judicial sanction. Experience in England and Wales has shown that court diversion can be a powerful and effective intervention. In order for it to function properly, those running court schemes need direct admission rights to psychiatric beds, both open and locked. Court diversion schemes are best as part of a spectrum of services to police stations, courts and prisons, which involved both general and forensic psychiatrists.

This article analyses Australia's most recent policy changes in relation to witness protection in cases of trafficking in people, embodied in the Crimes Legislation Amendment (Slavery and Slavery-Like Conditions and People Trafficking) Bill 2012. It draws on an inductive thematic analysis to examine the process of formulating the new bill with two key aims: to analyze the community and professional input in relation to witness protection, and to evaluate Australia's new witness protection regime in view of its compliance standards set in relevant international instruments. In the data analysis we draw on the theoretical framework of critical criminology. We argue that the bill contains no new measures for witness protection and, thus, fails to amend Commonwealth legislation to rectify gaps and discrepancies in the areas of witness privacy and confidentiality, the implementation of victim impact statements, and the granting of visas conditional on the willingness of victims to cooperate with law enforcement. We maintain that Australia's policy discourse continues to be largely consistent with the Criminal Justice model of counter-trafficking and needs reform to align itself with the intended aims of the international human rights instruments. In conclusion, we recommend that the Australian Government respond urgently to community and scholarly feedback, and create provisions for these measures in Commonwealth legislation. Enacting the recommended provisions will provide Australia with a framework that will have the potential to protect victims of trafficking from secondary victimization, whilst ensuring that Australia is meeting its obligations under the international instruments on human trafficking. [ABSTRACT FROM AUTHOR]

The advent of cloud computing has led to a dispersal of user data across international borders. More than ever before, law enforcement investigations into cybercrime and online criminal activity require cooperation between agencies from multiple countries. This paper examines recent changes to the law in Australia in relation to the power of law enforce-ment agencies to effectively investigate cybercrime insofar as individuals and organisa-tions make use of cloud infrastructure in connection with criminal activity. It concludes that effective law enforcement operations in this area require harmonious laws across jurisdictions and streamlines procedures for granting assistance between law enforcement agencies. In conjunction with these mechanical developments, this paper posits that law enforcement officers require a systematised understanding of cloud infrastructure and its operation in order to effectively make use of their powers. [ABSTRACT FROM AUTHOR]

In twentieth-century Australian criminal law a distinctive departure from the M’Naghten Rules developed as a critique of the discourse of reasoning and verdicts applying in the relevant English trials from the 1880s. The English verdict of ‘guilty but insane’ was criticized by the leading jurists as contradictory. In a sequence of influential judgments, the jurist Owen Dixon articulated an approach to the insanity defence that made room for a medico-legal discourse which broadened the possible referents of what it meant to ‘know’ the legality of an act, and also acknowledged the complex behavioural factors that might determine an act of homicide. This paper explores the shaping and significance of this departure and its comparative judicial, medical and social contexts. A concluding discussion considers whether the more flexible interpretation of the insanity defence implied by the direction of Dixon’s decisions made as much of a difference to frequency of use of the defence as the contemporaneous decline and eventual abolition of capital punishment. [ABSTRACT FROM PUBLISHER]

The paper begins by placing the emergence of drug treatment courts within the context of rising property crime rates, the development of open-air illicit drug markets, and the rise in opiate overdoses in Australia. The paper then highlights the way in which the U.S. concept of drug treatment courts was adopted and adapted by state politicians in attempts to deal with drug-use-related offenders. This response has been specifically targeted at repeat property offenders "at risk" of imprisonment, and comes within the broad brush of harm minimization strategies for diverting offenders with a drug-use-related problem away from the traditional criminal justice response of imprisonment. The prospects for the future of drug treatment courts in a Federalist system are also discussed.

Ethnic Vietnamese heroin users in Australia typically experience high rates of blood-borne virus infection, opioid overdose, criminal justice system involvement and poor retention in substance use treatment, particularly methadone maintenance treatment. This paper explores the experiences of twenty ethnic Vietnamese heroin users and examines the specific role of families in treatment from the perspective of the person going through treatment. What emerged from this study was a picture of a young, ethnically distinct subgroup of opiate-dependent people struggling to engage in treatment in an environment where heroin was easily accessible. The relational dynamics between participants and their family appears as a key mediator of the experience of treatment: it can be a source of motivation, grounding and connectedness; or it can be alienating and fragmenting. The extended nature of Vietnamese family systems meant that these relationships had implications for family members geographically and relationally close and distant. I think it is just like the worst thing when your parents find out because it feels like they have to suffer for like no reason, you know. It is too hard for them, they know but they never want to admit it. I would say the family stuff is the hardest. (Lien My [1], female 19 years) [ABSTRACT FROM AUTHOR]

Internationally, there is a current rising demand for police to participate in complex peace operations. Achieving multilateral 'integrated missions' has become a key objective for these operations. One of the key requirements for such operations is interoperability between police drawn from different countries. Australia has had police serve in multilateral and other kinds of missions in Timor-Leste since 1999. In this article, we draw on interviews with 64 Australian police officers who participated in different missions in Timor-Leste. Integrating the insights from cultural analysis, the paper explores the specific challenges of bringing together police from different nations to work effectively within these operations. [ABSTRACT FROM AUTHOR]

This paper examines the causes of wrongful imprisonment, the nature of losses and the applicability of international approaches and conventions. Definitions of wrongful conviction vary internationally, as do the circumstances and amount of compensation. Australian states and territories can make discretionary ex gratia payments, although determination of compensation amounts is unclear. Compensation levels for wrongful conviction in Australia are not as generous as tortious claims. The current system of ex gratia payments that exists in all Australian jurisdictions (other than the Australian Capital Territory) is arbitrary. The introduction of dedicated legislation or specific guidelines for wrongful conviction would help bring these Australian jurisdictions into line with international human rights best practice. This paper considers the scope of claims made in Australia through some key case studies. However, there is currently no reliable national data on the prevalence of wrongful convictions in Australia; overseas research suggests wrongful convictions may be less rare than we assume. [ABSTRACT FROM AUTHOR]

In recent years, the Australian Government has committed significant resources to combating trafficking in persons. Within this larger anti-trafficking effort, the community sector, law enforcement, prosecutors, health professionals and members of the community all have an important role to play. As each sector comes to terms with the reality of trafficking in Australia, it is important that emerging challenges and possible solutions are identified. This paper focuses on the challenges that may confront law enforcement officials in any country in their efforts to detect trafficking, identify victims, investigate offences and contribute to the successful prosecution of offenders. Drawing on international experience, this paper identifies some examples of emerging good practice that can help to overcome these challenges, and contribute to the effectiveness of the larger criminal justice response to trafficking. [ABSTRACT FROM AUTHOR]

One "folk custom" (or set of practices) that "Australia" seemingly finds "repulsive" is that which is referred to in State Crimes Acts as "female genital mutilation" (FGM). While this term is used in the context of Australian legislation to refer to illegal practices such as "infibulation; the excision or mutilation of the whole or a part of the clitoris; the excision or mutilation of the whole or a part of the labia minora or labia majora; any procedure to narrow or close the vaginal opening; the sealing or suturing together or the labia minora or labia majora; or the removal of the clitoral hood" (Legislative Council and Assembly of Victoria), to date such legislation, and the definition of FGM on which it is founded, has not been used to prosecute surgeons who perform "elective" "cosmetic" procedures such as labiaplasty, vaginoplasty, vaginal rejuvenation, hymen reconstruction, and clitoroplasty on (apparently non-migrant) "Australian" women. Further, intersex and sex-reassignment surgeries are exempt from prosecution, as are surgeries deemed necessary to the health of the person concerned. This paper will explore these inconsistencies and the material, political, and ethical effects they produce. At the same time, it will provide a critique of the notion of the "common good" and the liberal idea(l)s that inform it and that shape both individual and political anatomies in problematic ways. [ABSTRACT FROM AUTHOR]

Financial crime is increasingly seen as a threat to the integrity of Australia's important financial sector. This paper examines the difficulties of evaluating the costs of financial crime and considers specific initiatives that have been undertaken in recent years to combat such activities. [ABSTRACT FROM AUTHOR]

The paper evaluates legal protections and social support systems for victims of trafficking and slavery in Australia within a human rights framework based on the United Nations Protocol to Prevent and Suppress Trafficking in Persons, Especially Women and Children and the UN Principles and Guidelines on Human Rights and Human Trafficking. A major focus of the paper is the evaluation of a system of visas offered by the Australian government to victims of trafficking and slavery. The paper argues that the visa system and social support program is restricted to the assistance of victims who participate in the criminal justice process, thereby limiting state protection of victims of trafficking and slavery. [ABSTRACT FROM AUTHOR]

This paper reports results from a total population of persons with intellectual disabilities (ID) in Western Australia arrested for the first time since 1 April 1984. It is part of a longitudinal study that ‘tracked’ offenders with ID through the criminal justice system over an 11-year period to compare their experiences at each stage of the justice process with a sample of the general offending population. The research draws on an analysis of the Western Australian Police Services Apprehension records and the Disability Services Commission database. The data collected provided the opportunity to calculate base rates of the probability of rearrest of offenders with ID in comparison to mainstream offenders. The study found that people with ID had a significantly higher rate of rearrest than general population offenders and the study canvasses some possible reasons for this finding. [ABSTRACT FROM AUTHOR]

AbstractAlcohol-related crime and disorder in and around the licensed drinking environment has become an issue of increasing concern. Although there is a strong tradition of research focusing on licensed premises, few efforts have been directed at the practical application of findings. That body of research work, however, has provided the crime prevention field with a range of tools that can predict, manage and contain alcohol-related offences in the licensed environment. This paper reviews this research literature and presents a summary of situational, social and environmental factors that can be influenced to help prevent and reduce alcohol-related crime, and of the available mechanisms to operationalise these tools. What is clear from the literature is that rarely will one single measure be effective in tackling alcohol-related crime. There are, however, a range of tools and strategies that can be successfully employed at the local level to address the issue of alcohol-related violence associated with licensed premises. Partnerships involving law enforcement, licensees and other stakeholders (such as local government and health authorities) have been in operation for some time in Australia, and have the potential to act as a mechanism for operationalising projects aimed at the reduction of alcohol-related crime. The lack of a legal requirement to participate in such groups may have limited their potential. Do the crime and disorder partnerships in the UK have a better chance of tackling this issue?Crime Prevention and Community Safety: An International Journal (2004) 6, 43-52; doi:10.5555/crpr.2004.6.1.43 [ABSTRACT FROM AUTHOR]

The article presents the author's view on law and order in Australia. In this context, the author addresses the paper entitled "Shadow Boxing With an Imaginary Enemy," which expresses two contradictory stands. This paper involves a separate complaint about the issues on sexual assault and crime control.

‘It is much easier to extirpate than to amend Mankind.’ Sir William Blackstone Five stages in the history of regulation are derived from the literature as a starting framework for this essay. These stages are outlined in the first section. This five-stage model is then confronted and revised in light of the neglected case of the Australian penal colony. It is juxtaposed throughout the paper with the history of the regulation of crime in the US. Australian convict society is found to be brutal yet forgiving. We conclude that surprisingly high levels of procedural justice and reintegration in Australian convict society drive down crime rates at a remarkable rate in the nineteenth century. In contrast American slave society is characterised by procedural injustice, exclusion and stigmatisation, which delivers high crime rates. Following Heimer and Staffen's theory, reintegration and procedural fairness are found to arise in conditions where the powerful are dependent on the deviant. Acute labour shortage is the basis of a reintegrative assignment system for Australian convicts to work in the free community. While convicts change Australia in very Australian ways, we find that many of these developments are not uniquely Australian and so a revision of the five-phase model is proposed. The revision also implies that Foucault's distinction between governing the body versus governing the soul (corporal/capital punishment versus the penitentiary) is less central than exclusion versus inclusion (banishment versus restorative justice) to understanding all stages of the history of regulation. [ABSTRACT FROM AUTHOR]

Australian criminal law presumes that defendants are fit to stand trial until proven otherwise on the balance of probabilities. Forensic mental health experts often provide opinions to the court about defendants' fitness, which requires them to understand the legal context within which the court decides the defendant's fitness status. This article outlines important case law considerations to the assessment of fitness in Australia, including the notions that fitness must be evaluated when there is a 'real and substantial question',1 assessments should be 'reasonable and common sense' and accommodations should be considered when impairments in capacity are evident. The essentially negligible impact of delusions, an unhelpful defence, unmanageable behaviour and poor defendant-lawyer relationship are also considered. Finally, precedent is reviewed for the use of the Presser standards in New Zealand and other pacific jurisdictions. [ABSTRACT FROM AUTHOR]

This paper considers the rationale for the use of coercive powers, such as investigative hearings and requirements to produce information, in the context of investigating serious criminal behaviour. It examines the extent to which such powers are used both in criminal and civil contexts and explores the principles which should be applied in deciding when such powers should be used. It argues that a balance must be struck between the degree of intrusiveness of such powers and the seriousness of the matters under investigation. It will suggest that in a liberal democratic framework such powers should only be used to investigate serious criminal behaviour or other conduct which has a serious impact on society. It is inconsistent with a liberal democratic tradition for such powers to be used without supervision by the courts. Finally, it will be argued that public debate about the use of such powers needs to be more informed. There needs to be greater understanding of the nature of these powers, and how they are used, and the checks and balances which should apply if the community is to make a considered decision on when such powers are appropriate. [ABSTRACT FROM AUTHOR]

This paper revisits the case for codification of the criminal law of England and Wales. It proposes that the Law Commission’s codification project should be revived and should begin with codifying the law of criminal evidence. The arguments in favour of codification are strong and the arguments against are weak. The paper suggests that codification of the law of criminal evidence would not be an unduly difficult exercise. Most of the law is contained in a collection of modern statutes, the provisions of which could be simply consolidated. The remaining law is a mix of older legislation and common law that would require restating in a consistent modern style. There are relatively few issues requiring important decisions of policy. The experience of Australia and New Zealand shows that the drafting of an evidence code is a feasible undertaking and need not result in an excessively lengthy Act. [ABSTRACT FROM AUTHOR]

Coroners' inquests in Australia and New Zealand are no longer formally part of the criminal justice process. However, they can take place after the resolution of criminal charges and, although coroners' findings cannot be expressed in terms of persons' criminality, inquests can also result in referrals to prosecuting authorities. In addition, referrals to professionals' disciplinary regulators can be made by coroners. The potential for such adverse outcomes for the individuals affected makes it essential for those representing parties or witnesses at coronial hearings to consider carefully the forensic strategies that they deploy and, in particular, the advice that they provide, including in relation to claims to the privilege against self-incrimination. By reason of the partial abolition of the doctrine of autrefois acquit in a number of Australian jurisdictions, the potential for new and compelling evidence to emerge during an inquest takes on additional significance for persons who have been found not guilty of offences such as a murder at a previous trial. [ABSTRACT FROM AUTHOR]

Background: In 2013 the Queensland Government introduced criminal association and mandatory sentencing laws for members of outlaw motorcycle gangs (OMCGs). Forms of "criminal association" or "anti-bikie" laws have been introduced in several Australian jurisdictions, and recent High Court decisions upholding their constitutionality will ensure that they remain part of our justice landscape. Generally, the aims of these laws are to declare a specific organisation as "criminal" and impose various legal orders and offences that thwart the consorting of members and address organised crime, such as unexplained wealth regimes. There have been significant criticisms of these styles of association laws both here and internationally. The aim of this research is to show the extent of involvement of OMCGs in the drug trade and associated organised crime activity, and whether anti-association laws are an effective response to this type of organised criminal activity.Methods: This paper relied on six years of data outlining the criminal activity of OMCGs from the Queensland Police Service (QPS) obtained under the legislative framework of The Queensland Right to Information Act (RTI) 2009. Information obtained from the Queensland Commission into Organised Crime (2015) and Queensland Taskforce into organised crime legislation (2015) was also used.Results: The data suggest that the role of OMCGs in the drug market has been overstated and is not as dominant as has been portrayed by government agencies and the popular media. Generally, OMCGs account for less than one percent of organised crime type activity. This is also true for drug type offences where OMCGs are responsible for less than one percent of offences. The findings show that the Queensland example has highlighted the ineffectiveness of the criminal association laws and the mandatory sentencing provisions in that they have had little impact on drug market activity and little success in the courts.Conclusion: The analysis presented here is twofold: an examination of the legal ramifications and an evaluation of the investigative utility of such laws from a policy evaluation standpoint. In both cases, there is little evidence to suggest that these laws are an effective or appropriate response. [ABSTRACT FROM AUTHOR]