‘A little bit of a toothless tiger … ’ Police banning powers in Western Australia: key informant perspectives and implications for the administration of justice

Abstract

ABSTRACT Individuals who engage in violence and other problematic behaviours, in Australia and other international jurisdictions, can be banned by police from entering certain locations. Bans are expected to deter recipients from further inappropriate behaviours, reduce crime, and increase community safety. This paper examines the operation of two banning mechanisms in Western Australia from the perspective of those charged with their imposition and enforcement. Interviews were conducted with 54 key informants, including police officers, licensees, and venue staff. Interviewees supported police bans as an appropriate way to address disorderly behaviours, and there was consensus regarding key policy objectives and desired outcomes. However, specific policy refinements were identified – including more effective data sharing to improve identification of recipients, more flexible breach provisions, and the introduction of temporary bans – to increase the enforceability and effectiveness of the provisions. Police banning powers in other jurisdictions may benefit from consideration of these findings.