Volume 2, Issue 3 < /a > , September 2016. < br/ > Purpose Alcohol-related disorder in Australia ’s night-time economy has precipitated an expanding regulatory and legislative framework. A key feature is the growth of police-imposed discretionary justice, one example of which are V..."> Volume 2, Issue 3 < /a > , September 2016. < br/ > Purpose Alcohol-related disorder in Australia ’s night-time economy has precipitated an expanding regulatory and legislative framework. A key feature is the growth of police-imposed discretionary justice, one example of which are V..." /> Volume 2, Issue 3 < /a > , September 2016. < br/ > Purpose Alcohol-related disorder in Australia ’s night-time economy has precipitated an expanding regulatory and legislative framework. A key feature is the growth of police-imposed discretionary justice, one example of which are V..." />

Victoria ’s banning notice provisions: parliamentary, procedural and individual vulnerabilities

Journal of Criminological Research, Policy and Practice, < a href="http://www.emeraldinsight.com/toc/jcrpp/2/3" > Volume 2, Issue 3 < /a > , September 2016. < br/ > Purpose Alcohol-related disorder in Australia ’s night-time economy has precipitated an expanding regulatory and legislative framework. A key feature is the growth of police-imposed discretionary justice, one example of which are Victoria's banning provisions. Banning notices are imposed on-the-spot, may be issued pre-emptively, but permit no right of independent appeal. However, there has been little analysis of the enactment, implementation or use of police-imposed banning provisions. & #xD; Design/methodology/approach This paper draws upon a detailed examination of the record of parliamentary debate of the banning notice legislation to document how the provisions, and their embedded procedural vulnerabilities, were legitimised. In addition, an analysis of Victoria Police data informs consideration of the ongoing scrutiny of the police power to ban. & #xD; Findings The absolute discretion afforded to police officers, and a lack of effective oversight, has created the potential for the disproportionate and discriminatory implementation of Victoria ’s banning notice powers. The findings highlight procedural vulnerabilities within the provisions, and concern regarding the particular risk of banning notices for vulnerable recipients. Research limitations/implications The nature of Victoria’s bannin...
Source: Journal of Criminological Research, Policy and Practice - Category: Criminology Source Type: research