Sentencing scammers: law and practice

The Australian Bureau of Statistics (ABS) (2008: 5) has defined consumer scams as a fraudulent invitation, request, notification or offer, designed to obtain someone’s personal information or money or otherwise obtain a financial benefit by deceptive means

Domestic Violence: A Research Agenda

This paper presents a brief overview of emerging issues in domestic violence research. Specifically, it sets out a research agenda in the context of rural and remote communities; gay, lesbian, bisexual, transgender and intersex (GLBTI) communities; domestic violence amongst the elderly, those with disabilities and in culturally and linguistically diverse (CALD) communities; domestic violence and homelessness; the impact on children; and perpetrator programs. This agenda does not purport to be exhaustive; in particular, it focuses on male perpetrators. In addition, the need for more research in relation to family violence in Indigenous communities should not be overlooked (see Bartels 2010). Nonetheless, this paper aims to serve as a point of focus for the criminological community for future research in this context.Sydney Institute of Criminology; School of Social Sciences at the University of Western Sydne

Learning Together: Localism, Collaboration and Reflexivity in the Development of Prison and University Learning Communities

This paper engages with challenges of localism, collaboration and reflexivity in thinking about the conceptualisation and development of partnership learning communities between higher education and criminal justice institutions. Grounded in experiences of partnership working in the UK and Australia, our arguments are twofold: first, drawing on missions, policy and practice challenges, that there is a case to be made for partnership-working between higher education and criminal justice institutions; and second that, although there is a need to think about collaborative international structures, there is also a need to reflect critically on how different socio-political and cultural realities (both within and beyond national borders) might shape the particular nature of partnership working. Therefore, while warmly welcoming international collaboration in this field, we urge caution in importing or exporting different models of partnership working. We make the case, instead, for open-textured theoretical and empirical reflexivity

Challenges of Effective Communication in the Criminal Justice Process: Findings from Interviews with Victims of Sexual Offences in Australia

This article focuses on gendered experiences of the criminal justice system, specifically the experiences of adult female victims of sexual offending and the communication difficulties they experience during the criminal justice process. Drawing on the findings from qualitative interviews about sentencing with six victims and 15 justice professionals in Australia, we compare the lived experiences of the victims with the perceptions of the justice professionals who work with them, revealing a significant gap between the information justice professionals believe they are providing and the information victims recall receiving. We then analyse the international literature to distil effective communication strategies, with the goal of improving victims’ experiences of the criminal justice system as a whole. Specifically, we recommend verbal communication skills training for justice professionals who work with victims of crime and the development of visual flowcharts to help victims better understand the criminal justice process. We also recommend that Australian victims’ rights regimes be reformed to place the responsibility for providing information about the criminal process on the relevant justice agencies, rather than requiring the victim to seek this information, and suggest piloting automated notification systems to help agencies fulfil their obligations to provide victims with such information.This research was funded by the University of Tasmania and ACT Victims of Crime Commissioner

Community service orders and bonds: A comparison of reoffending

Aim: To compare reoffending rates between adults given a community service order (CSO) and those given a bond (both supervised and unsupervised) or suspended sentence (both supervised and unsupervised). Method: Using propensity score matching, offenders who were given CSOs were matched to those given bonds and separately to those given suspended sentences. Bonds and suspended sentences were separately considered with supervision, without supervision and as a whole group (with and without supervision). The matched samples were then compared on reoffending rates with and without adjustment for potential covariates. Results: The CSO group and the whole bond group were able to be matched successfully. The unsupervised bond group also was successfully matched to the CSO group. In both cases, reoffending rates were lower in the CSO group after controlling for other relevant factors. Neither the supervised bond group, nor the suspended sentence groups, could be matched successfully with the CSO group, and therefore conclusions from this analysis are not considered representative or reliable. Conclusion: Adults given a CSO are less likely to reoffend than offenders given a bond, holding other relevant and available characteristics equal

Learning Together: Localism, Collaboration and Reflexivity in the Development of Prison and University Learning Communities

This paper engages with challenges of localism, collaboration and reflexivity in thinking about the conceptualisation and development of partnership learning communities between higher education and criminal justice institutions. Grounded in experiences of partnership working in the UK and Australia, our arguments are twofold: first, drawing on missions, policy and practice challenges, that there is a case to be made for partnership-working between higher education and criminal justice institutions; and second that, although there is a need to think about collaborative international structures, there is also a need to reflect critically on how different socio-political and cultural realities (both within and beyond national borders) might shape the particular nature of partnership working. Therefore, while warmly welcoming international collaboration in this field, we urge caution in importing or exporting different "models" of partnership working. We make the case, instead, for open-textured theoretical and empirical reflexivity

Lessons Lost in Sentencing: Welding Individualised Justice to Indigenous Justice

Indigenous offenders are heavily over-represented in the Australian and Canadian criminal justice systems. In the case of R v Gladue, the Supreme Court of Canada held that sentencing judges are to recognise the adverse systemic and background factors that many Aboriginal Canadians face and consider all reasonable alternatives to imprisonment in light of this. In R v Ipeelee, the Court reiterated the need to fully acknowledge the oppressive environment faced by Aboriginal Canadians throughout their lives and the importance of sentencing courts applying appropriate sentencing options. In 2013, the High Court of Australia handed down its decision in Bugmy v The Queen. The Court affirmed that deprivation is a relevant consideration and worthy of mitigation in sentencing. However, the Court refused to accept that judicial notice should be taken of the systemic background of deprivation of many Indigenous offenders. The High Court also fell short of applying the Canadian principle that sentencing should promote restorative sentences for Indigenous offenders, given this oft-present deprivation and their over-representation in prison. In this article, we argue that Bugmy v The Queen represents a missed opportunity by the High Court to grapple with the complex interrelationship between individualised justice and Indigenous circumstances in the sentencing of Indigenous offenders

Lessons in Flexibility: Introducing a Yoga Program in an Australian Prison

International research provides support for yoga as a wellbeing intervention in prison. Until recently, no systematic research had been undertaken in Australia to assess the effectiveness of a yoga program, or consider the challenges of implementation. In 2017, the authors, in partnership with Australian Capital Territory (ACT) Corrective Services and the Yoga Foundation, introduced a pilot yoga program at the Alexander Maconochie Centre in the ACT. This paper draws on comments from the prisoners who participated in the program and the yoga teacher, as well as the perspectives of a prison psychologist and the lead author, both of whom also participated in the program. The paper reflects on the lessons learnt from developing and delivering a prison yoga program and advocates for the expansion of such programs in Australian prisons

LGBT people in prison in Australia and human rights : A critical reflection

This article examines the human rights protections relevant to lesbian, gay, bisexual and/or transgender (‘LGBT’) people in Australian prisons. We commence by addressing some of the inequalities experienced by incarcerated LGBT people, before outlining the relevant international human rights frameworks and their implementation in Australia. We focus on Victoria as a case study, demonstrating that there are limited provisions for LGBT people in prisons, and these provisions are generally not legally enforceable. We conclude by recommending legislative reforms that would increase protections for a particularly vulnerable cohort in the prison environment and promote compliance with Australia’s obligations under international human rights law

Avoiding ‘starburst’: The need to identify common metrics of evaluating strengths-based programmes in prison

The notions of strengths-based working in health and justice are not new and areas as diverse as positive psychology and criminology, mental health and addictions recovery, and therapeutic jurisprudence and restorative approaches in the justice field all share a common set of principles and values that may offer some insights into questions of evaluation, effectiveness and measurement. The first part of this paper will examine the shared foundations of strengths- based approaches and this will inform a second section examining common principles in these models. Part Three will then provide three illustrative examples of strengths-based programmes in prisons in the United Kingdom (UK), before the final section, Part Four, outlines a two-tier model of strengths-measurement that will help to avoid 'starburst', that is, where the benefit is so short-lived that it has no lasting impact on the wellbeing of the prison or its constituents