*Please note that the links to the content in this Part will direct you to Westlaw AU.
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The latest issue of the Criminal Law Journal (Volume 37 Part 6) contains the following material:
- Sentencing: The empirical and normative wasteland shows no sign of abating
Parole and parole authorities in Australia: A system in crisis? – Lorana Bartels
The issue of parole has received significant attention in Australia in the wake of the high profile killing of Jill Meagher by parolee Adrian Bayley. This article presents an overview of the laws governing the decision to grant and revoke parole, including the factors that parole authorities must consider. The imposition of parole conditions is also examined. The article then presents a review of recent data on parole decision-making from each State and Territory, as well as considering recent legal and policy developments. The article concludes that parole serves multiple purposes and parole authorities have an important, if controversial, role to play in the justice system. Accordingly, they require adequate support to perform this role appropriately.
Naming young offenders: Implications of research for reform – Jodie O’Leary
Recently it was reported that Queensland’s Liberal National Party Government is considering proposing amendments to the State’s juvenile justice legislation to expand the ability to name recidivist young offenders. This article suggests that such a proposal does not align with the evidence regarding juvenile development and offending, and will be ineffective as a deterrent, as well as increasing stigmatising potential. The article considers whether the provisions on naming in other States and Territories are better aligned with the available evidence. It concludes that the approach taken in the majority of jurisdictions, which rests on a presumption against naming, should be considered best practice.
Sentencing review 2012-2013 – Kate Warner
- Posthumous justice: Re McDermott – Ann Bonnor
For the pdf version of the table of contents, click here: WAU – Crim LJ Vol 37 Pt 6 Contents.