Indictable Offences Research Articles

Is it time to move on from ‘Mr Big’? Scenario evidence and the risk of unreliable confessions in Australia

The ‘Mr Big’ method is a non-custodial investigative method used by police forces worldwide. A Mr Big operation involves an undercover operation in which a person suspected of involvement in an indictable offence, is unknowingly drawn into a fictitious criminal enterprise, in order to elicit a confession. There are ample concerns around the use of this method. Consequently, courts around the world have grappled with the admissibility of the confession evidence gathered through this approach. This article will first provide an outline of the Mr Big method. Following this, it will discuss the psychological explanation of associated potential coerced confessions which are unreliable. Additionally, various Australian cases and court rulings on confessions obtained using this approach will be described. This information will then be used, given the concerns indicated by psychological research and foreign court responses, in an attempt to address the question of whether the Mr Big method should have a place within the Australian legal system.

Niewspółmierność kary jako podstawa kasacyjna

This article examines grounds for a cassation appeal in the form of a plea that the penalty is disproportionate (incommensurate) to the offence. It was introduced to the Polish criminal proceedings in 2016 and can only be raised by the Public Prosecutor General in the case of indictable offences. The article focuses on the genesis of this regulation and the course of work on it, as well as the issue of the subjective scope of Art. 523 § 1a of the Polish Code of Criminal Procedure, and on a detailed interpretation of the various terms used in this provision. In the final part of the article, the author makes his own, unambiguously critical assessment of the current regulation as well as formulates de lege ferenda conclusions in this respect.

Resettle intensive intervention and risk management service (IIRMS): a pathway to desistance?

PurposeThis study aims to explore the demographic and reconviction data of individuals who had engaged in an established Intensive Intervention and Risk Management Service, a community service within the offender personality disorder pathway (OPD).Design/methodology/approachDemographic information and reconviction data from the Police National Computer was accessed for all participants (n = 69) released to the service over a 10-year period (2008– 2018), 45 of who met criteria to be included in the study. Their intervention period spans custody to community, with an expected period of 2 years engagement upon release.FindingsParticipants in the service had experienced significant traumatic histories, with four or more adverse childhood experiences. Individuals had a mean of 17 convictions for violent and/or sexual offences and an average of 11 years in custody prior to release. The average length of intervention at Resettle in the community was almost 19 months, with an additional minimum of six months in-reach prior to release. A total of 60% of individuals were recalled back to custody at least once during their intervention, with this being more likely for those who had been convicted of a violent rather than sexual offence. Within the group who were reconvicted, the reconvictions were for less serious offences than the index offence, with only 16% being convicted of an indictable offence. Almost two-thirds (64.4%) did not receive a further conviction post-intervention in the follow-up period.Research limitations/implicationsThis follow-up study focused upon demographic and reconviction data from one established IIRMS. Although findings are not necessarily generalisable to other IIRMS and OPD pathway services, the demographic and reconviction data has important learning for how services may reflect upon engaging with individuals whose needs and risks had not previously been adequately met and managed upon release. This data are useful learning, for what may help individuals with complex needs upon release into the community after long sentences and how to best meet their needs. There are aspects of the Resettle IIRMS approach which could be applied to non-specialist services to encourage a holistic, compassionate and relational approach to reaching those with complex needs who pose significant risks to others.Practical implicationsThis follow-up study has provided access to participants’ engagement with an established IIRMS. Although participants “opt in” to the service whilst in custody, engagement on release becomes a probation licence condition; a fixed boundary regarding attendance and engagement which, although enables robust risk management and reduces the likelihood of drop-out, also raises consideration about choice and control. The four day per week service provides an intensive intervention, for those with complex needs and limited prior experience of living safely (with minimal risk to self or others) in the community. Participants were previously offered little hope of release or effective support because of their risk, need, complexity and, in some cases, concern about whether their risk could be effectively managed. Although not a panacea for all, the results are suggestive of a service that is navigating the boundary between “care and control” to good effect for future resettlement and desistance.Originality/valueThe findings are important for service providers, commissioners and the public purse. The results are useful for the national development of IIRMS. The findings are also important for prisoners and people on probation to inform their decision-making regarding intervention choices and hope for what may be achievable.

Motivations for adolescent offending and truancy from school: retrospective interviews with adults recently released from a custodial prison sentence in England

This qualitative study considers the development of adolescent offending and examines a range of potential causes rooted in the issues of truancy, peer pressure, and educational and parental disengagement. Ten adult offenders recently released from prison were accessed through a probation service in the North West of England. Participants (M age = 35.2, S.D = 8.51) were interviewed about the indictable offences that they perpetrated between the ages of 12–16. Thematic analysis uncovered several key themes related to substance misuse and broader enjoyment of risk-taking behaviours, financial gain and the desire to develop a recognised criminal status, alongside fear and rejection of authority. In general, educational disengagement led to stronger associations with anti-social peers from whom acceptance was sought and offending identities were constructed around. Longer-term consequences of time spent with anti-social peers included substance abuse, more serious criminality, and increased risk-taking behaviour. The implications of the findings are discussed in the context of early interventions.

Déjà Q in the Australian nightlife: ID scanners and violent crime in night-time entertainment districts

On July 1, 2017, the mandatory use of identification (ID) scanners as a prerequisite to licenced venue entry came into effect in all 15 major night-time entertainment districts (NEDs) across Queensland (Australia). This relatively contemporary situational crime prevention technique functions to (1) supplement traditional door-staff enforced control access and (2) increase personal accountability by reducing perceived anonymity inside licenced venues. The current study examined the association between the ID scanner legislation and violent crime rates in the Fortitude Valley NED (Brisbane, Queensland), a leading hotspot for street violence. Police crime data was examined one year before ID scanner enforcement, and one year after, with each year matched quarterly to test Pearson’s chi-square contingencies by time of year. Violent summary offences (less serious violent offences) increased substantially in the first three months following the ID scanner legislative change, while general summary offences (i.e., public nuisance) and indictable offences (e.g., assaults) remained statistically unchanged. The introduction of ID scanners was the only legislative change that occurred in the Fortitude Valley NED during data collection, suggesting a highly probable link to the observed spike in violent offences. Potential determinants of this upsurge in violence are discussed, including inefficient queue management and increased provocations for violence in queues to nightclubs resulting from the prolonged ID scanning process.

Heed the call: the implied freedom of political communication and the terrorism high-risk offenders regime

ABSTRACT Since 2020, the Terrorism (High-Risk Offenders) Act 2017 (NSW) (THRO Act) has increasingly become a frontier for contestation about the implied freedom of political communication and the maintenance of community safety. In closely considering two recent decisions, State of New South Wales v Cheema (Preliminary) [2020] NSWSC 876 and Cheema v State of New South Wales [2020] NSWCA 190, this article analyses the courts’ use of a deeming provision to prove that an offender has advocated support for a terrorist act or violent extremism. I argue that these decisions have significant implications for the rights of offenders convicted of indictable offences and journalists who seek to engage in political communication. I further argue contrary to the reasoning in the decisions, that the THRO Act has the real capacity to burden the implied freedom of political communication in extending the State’s powers to subject individuals to supervision and detention after expiry of their sentences in a way that is disproportionate to the end of maintaining community safety. In doing so, I seek to draw attention to the THRO Act’s extraordinary ambit in a call for wider scholarly attention as provisions such as that under examination are increasingly frequently invoked.

Accused stripped of the power to elect to have trials before a jury of their peers

ABSTRACT On 2 April 2020, the COVID-19 Emergency Response Act 2020 (ACT) made amendments to address the ongoing – and, at that stage, escalating – COVID-19 outbreak. Amongst its provisions, the Act amended the Supreme Court Act 1933 (ACT) to allow judge-alone trials on indictable offences, at the election of a judge. This article assesses the rationale for this amendment, finding that the concerns expressed by the Australian Capital Territory (ACT) legislature that delay in justice would have negative ramifications are merited. The evidence demonstrates that delay in trial proceedings can negatively affect witness memory, prolong victim and witness trauma, and harm defendants through indeterminate incarceration. However, the authors express reticence about the constitutional legality of waiving such a fundamental right through territory legislation. There are multiple constitutional grounds on which the legislation can be challenged, with this article exploring the possible implications of the Kable Doctrine. The authors’ comparison to New South Wales (NSW) and Victoria shows that there were more appropriate measures that balanced the swift execution of justice and interests of an accused. The right to trial by a jury of peers is a bedrock of Australian law and the decision to abrogate that right represents a dangerous precedent.

Ethnicity and Custodial Sentencing in England and Wales: A Review of Trends, 2009-2019

This report summarizes sentencing outcomes for different ethnic groups in England and Wales. It is based on analyses of court data over the period 2009-2019. All previously published reports present the data on custody rates and on average custodial sentence lengths separately. In this report, we combine these two measures to form a new measure of punitiveness for indictable offences: the ‘Expected Custodial Sentence’. This measure provides a more comprehensive measure of the use of imprisonment. Whilst the Expected Custodial Sentence increased for all ethnic groups throughout the period 2009-2019, the figure for White offenders is consistently lower than for other ethnic groups. In 2019, the Expected Custodial Sentence for an indictable offence ranged between 6.6 months for a White offender and 10.2 months for an Asian offender. However, the overall Expected Custodial Sentence figure masks considerable variation across offence categories, with the greatest divergence evident for violent offences against the person.

Comprehensive Review of Cybercrime Detection Techniques

Cybercrimes are cases of indictable offences and misdemeanors that involve computers or communication tools as targets and commission instruments or are associated with the prevalence of computer technology. Common forms of cybercrimes are child pornography, cyberstalking, identity theft, cyber laundering, credit card theft, cyber terrorism, drug sale, data leakage, sexually explicit content, phishing, and other forms of cyber hacking. They mostly lead to a privacy breach, security violation, business loss, financial fraud, or damage in public and government properties. Thus, this study intensively reviews cybercrime detection and prevention techniques. It first explores the different types of cybercrimes and discusses their threats against privacy and security in computer systems. Then, it describes the strategies that cybercriminals may utilize in committing these crimes against individuals, organizations, and societies. It also reviews the existing techniques of cybercrime detection and prevention. It objectively discusses the strengths and critically analyzes the vulnerabilities of each technique. Finally, it provides recommendations for the development of a cybercrime detection model that can detect cybercrimes effectively compared with the existing techniques.

The Merits of Restricting Provocation to Indictable Offences: A Critical Analysis of Provocation Law Reform in Canada and New South Wales, Australia

Le présent article compare le processus et le contenu des réformes de la défense partielle de provocation menées en Nouvelle-Galles-du-Sud, Australie, en 2014 et au Canada en 2015. Bien que ces deux gouvernements aient adopté des lois qui limitent de la même façon l’utilisation de cette défense, l’origine de ces réformes et leurs processus sont différents. Le présent article analyse la défense réformée du point de vue de son incidence sur les trois groupes pour lesquels elle a été identifiée comme problématique pour différentes raisons : les hommes qui tuent leur partenaire infidèle ou séparée; les hommes qui tuent les hommes gais et qui plaident la perte de contrôle en raison « d’une avance homosexuelle » ou de « panique gaie »; les femmes qui tuent leur conjoint violent. Tout en concluant que les réformes peuvent réussir à empêcher des hommes d’invoquer la défense de provocation pour cause de violence homophobe ou conjugale, les auteures suggèrent qu’elles peuvent produire des effets négatifs pour les femmes qui tuent leur conjoint violent et, au Canada en particulier, pour les femmes et les communautés racialisées et musulmanes.

Guidelines for Accused Individuals in the Criminal Justice Process

Guidelines to assist self-represented defendants progress through the criminal justice process and includes Introduction; Court System/Types of Offences; Commencing the Proceedings; Pre-trial Proceedings; Role of Duty Counsel; First Appearance; Disclosure; Pre-trial Conference; Plea-bargaining; The Arraignment and Plea; The Election of the Accused on Indictable Offences; The Preliminary Inquiry; The Trial; Initial Matters; Research; Jury Selection; Trial Process; Sentencing Principles; Sentencing Process; Types of Sentences.

Contestable motives of reporting sexual assault based on research conducted in the region of Silesia

Abstract Contestable motives of filing reports comprise a set of factors which were not present in the origin of the reported criminal act, as stated by the reporting individual. The objective of such reports is to create circumstances which would lead to the either an imaginary or implicated perpetrator being brought to criminal justice. These types of reports generate a number of doubts and investigative problems. Recently, in the light of newly introduced legislative changes into the methods of investigative procedures in relation to sexual assault (at present these are investigated as an indictable offence - prosecuted ex-officio), this issue has become much more significant. The following publication includes a detailed description of the legal and psychological situation of an individual who has been classified as a victim in a case of sexual assault. The article includes an analysis of statistical data encompassing the period after the introduction of the aforementioned legislative changes in the type of investigative procedures as well as a qualitative analysis of the major factors influencing the process of filing contestable reports of such crimes. The research has been conducted on the basis of analysing a total of 50 cases. It is the opinion of the author that an expert court psychologist, whose presence is mandatory in these types of cases and whose opinion formulated in the course of preparatory proceedings ought to play a key role in the disclosure of false pretences accompanying such reports

The Prosecution of Organised Crime: Removing the Jury

Serious organised crime groups may enjoy virtual impunity through the corruption and coercion of parties involved in the criminal justice process. In the United Kingdom and Ireland, this is most evident in the intimidation of witnesses and jurors, leading to difficulties in successful prosecution of organised criminality. One notable response to this phenomenon is to hold juryless trials for serious indictable offences, mirroring a similar approach in counter-terrorism legislation arising from the political violence in Northern Ireland. Despite common rationales, such trials have been operationalised differently in these neighbouring jurisdictions: in England, Wales and Northern Ireland ‘ordinary’ legislation was introduced, whereas in Ireland juryless trials are permitted under existing counter-terrorism laws. This article reviews the problematic dimensions of both legislative schemes, and considers their application by the courts since enactment. After outlining viable alternatives, it concludes that juryless trials may be necessary in limited instances, and if so, the English model is to be preferred.

A systematic review of risk assessment strategies for populations at high risk of engaging in violent behaviour: update 2002–8

This review systematically examines the research literature published in the period 2002-8 on structured violence risk assessment instruments designed for use in mental health services or the criminal justice system. It adopted much broader inclusion criteria than previous reviews in the same area in order to capture and summarise data on the widest possible range of available instruments. To address two questions: (1) what study characteristics are associated with a risk assessment instrument score being significantly associated with a violent outcome? and (2) which risk assessment instruments have the highest level of predictive validity for a violent outcome? Nineteen bibliographic databases were searched from January 2002 to April 2008, including PsycINFO, MEDLINE, Cumulative Index to Nursing and Allied Health Literature, Allied and Complementary Medicine Database, British Nursing Index, International Bibliography of the Social Sciences, Education Resources Information Centre, The Cochrane Library and Web of Knowledge. Inclusion criteria for studies were (1) evaluation of a structured risk tool; (2) outcome measure of interpersonal violence; (3) participants aged 17 years or over; and (4) participants with a mental disorder and/or at least one offence and/or at least one indictable offence. A series of bivariate analyses using either a chi-squared test or Spearman's rank-order correlation were conducted to explore associations between study characteristics and outcomes. Data from a subset of studies reporting area under the curve (AUC) analysis were combined to provide estimates of mean validity. For the overall set of included studies (n = 959), over three-quarters (77%) were conducted in the USA, Canada or the UK. Two-thirds of all studies were conducted with offenders who had either no formal mental health diagnosis (43%) or forensic samples with a formal diagnosis (25%). The Psychopathy Checklist-Revised was tested in the largest number of studies (n = 192). Most studies (78%) reported a statistically significant (p < 0.05) relationship between the instrument score and a violent outcome. Prospective data collection (chi-squared = 4.4, p = 0.035), number of people recruited (U = 27.8, p = 0.012) and number of participants at end point (U = 26.9, p = 0.04) were significantly associated with predictive validity. For those instruments tested in five or more studies reporting AUC values, the General Statistical Information on Recidivism instrument had the highest mean AUC (0.73). Agreement between pairs of reviewers in the initial pilot exercises was good but less than perfect, so discrepancies may be present given the complexity and subjectivity of some aspects of violence research. Only five of the seven calendar years (2003-7) are completely covered, with partial coverage of 2002 and 2008. There is no weighting for sample or effect sizes when results from studies are aggregated. A very large number of studies examining the relationship between a structured instrument and a violent outcome were published in this relatively short 7-year period. The general quality of the literature is weak in places (e.g. over-reliance on cross-sectional designs) and a vast range of distinct instruments have been tested to varying degrees. However, there is evidence of some convergence around a small number of high-performing instruments and identification of the components of a high-quality evaluation approach, including AUC analysis. The upper limits (AUC ≥ 0.85) of instrument-based prediction have probably been achieved and are unlikely to be exceeded using instruments alone. The National Institute for Health Research Health Technology Assessment and Research for Patient Benefit programmes.

Trends in the Seriousness of Youth Crime in Canada, 1984–2011

Trends in the seriousness of youth crime in Canada from 1984 to 2011 are assessed by analysing changes over time in the mix of offences for which young people have been reported by police as chargeable. Four indicators of seriousness are used: Statistics Canada crime seriousness weights, the proportion of youth accused of an indictable offence, a fivefold classification of offences; and a selection of high volume offences. All four analyses clearly indicate a substantial downward trend over the period in the overall seriousness of police-reported youth crime. The decline in seriousness is mainly due to a very large decrease in the proportion of youth accused of the serious offence of break and enter and a correspondingly large increase in the proportion accused of the minor offences of common assault, cannabis possession, and offences against the administration of justice. The proportion of chargeable youth accused of major offences against the person has increased substantially relative to its level in 1984, but it remains low compared to property and other offenders. Thus, reported youth crime in Canada has become proportionally more violent but less serious overall.

Illegal drugs and delinquency

An interrelation between consumption of illegal drugs and committing an indictable offence has been repeatedly discussed in literature. In a retrospective study serum concentrations of illegal and legal drugs as well as data originating from police reports and examinations by physicians taking blood from individuals being suspected to be under the influence of drugs were evaluated. Results from 4816 cases were available. Property offences were the most frequent type (36%) as well as consumption of cannabinoids (55%). Psychophysiological conditions of consumers were compared with according serum concentrations. Close correlations between stimulating drugs and violence associated crime could not be found. Stimulated as well as sedated behaviour occurring following the consumption of various drugs might be the reason for no clear correlation between types of offence and consumed illegal or legal drugs in this study.

Medicolegal issues surrounding body packers, pushers and stuffers

Body packing, pushing and stuffing are methods by which individuals conceal illicit drugs for the purposes of transporting them across borders or evading police discovery. Body packers swallow drugs in rubber or latex packets for trafficking; body pushers insert drug packets into their rectum or vagina, and body stuffers swallow wrapped or unwrapped drugs to dispose of the evidence when fearing apprehension by the authorities. Individuals who swallow or insert illegal substances can present to the ED in a number of ways. They might self-present with acute symptoms of drug toxicity and either withhold or disclose a history of body packing, pushing or stuffing. Police might have witnessed the individual ingesting an unknown substance in the course of an arrest, or the individual might have been detained by federal police at border control sites under suspicion of drug trafficking, before being taken to an ED for investigation. These patients represent a challenging cohort of individuals for ED staff, with each scenario raising complex ethical and medicolegal questions. The article in this issue by Mitra et al. highlights some of the difficulties faced by ED staff in managing cases that involve body packing. The article explores the issues of confidentiality and privacy in determining whether or not to report a suspected case of body packing to the police, and presents an argument for national guidelines surrounding mandatory reporting for medical practitioners in cases where a patient has used, or possesses, illicit drugs. There are currently few circumstances in which the ethical and legal responsibilities of medical practitioners are completely clear-cut in the provision of medical care. In most Australian jurisdictions, mandatory reporting is only stipulated for notifiable infectious diseases, impaired medical colleagues, and cases of suspected child abuse. Yet, on a day-to-day basis, medical practitioners are called on to make significant decisions in many other common scenarios where their ethical and legal responsibilities are ill-defined. The decisions that are made at the time, with little opportunity for reflection or consultation, might unwittingly lead to legal ramifications for both the practitioner and the patient. Despite this, medical practitioners receive little training in the field of law as it pertains to medical practice. Legislation varies between States, and there is often ambiguity surrounding the interpretation and application of specific provisions. Navigating through privacy laws and legislation covering health and criminal issues can be a daunting and indecipherable process. The question of whether to report a patient who presents with concealed illicit substances is but one aspect of a much wider debate regarding duty of care, and reporting to police in cases of body packing, pushing or stuffing. Related issues include the appropriateness of acting on police requests for medical investigations, the retrieval of the drugs for evidence, and the factors surrounding patient safety and discharge planning for persons in custody.

Büntetéskiszabási szemlélet alakulása – a büntető kódex folyamatos módosításának tükrében

The criminal code has had a number of essential revisions during the past years, which has received distinct viewpoints concerning the improvement of punishments from the judiciary in criminal cases. The reasons of modifications can be explained mainly by the different penalty politics coming into prominence, occasionally having respect for different social approaches. It is periodically distinct which activities are indictable offences, which of the punishments serve the prevention of committing an act of crime the best in the fight against criminality. It is interesting to study how these sweeping changes can appear and effect in the daily legal activities. How far can the changes lobby the judges and prosecutors? Which punishment is ideal in the case - suiting to the aim of punishment – in the interest of the protection of society? As a result, analyzing judgments and interviewing some professional jurists (as far as I can) the different requirementson infliction of punishments do not appear immediately in practice and do not appear in the similar way concerning the functions of judges and prosecutors. It is not machines that pass judgement in a case, which could modify the expectation concerning the result.

Communicating the principle of ‘treatment instead of punishment’ in Hungary on the basis of an examination of the patients at a drug outpatient clinic

Aims: Drug use is an indictable offence in Hungary, but there is an opportunity to suspend the criminal proceedings if a small quantity of drugs is involved. However, the principle of ‘treatment instead of punishment’ (TIP) is heavily disputed in the professional literature. This study addresses the impact of the legal implementation of TIP on the practices of an institution that treats drug patients.Methods: Data were analysed on the basis of addiction severity index (ASI) interviews conducted with individuals (n = 628) who applied for treatment at a Budapest drug outpatient clinic between 2001 and 2005. The ASIs of individuals who chose TIP were compared with those of other drug patients using cluster analysis and a two-sample statistical t-test.Findings: After 2003, when the criminal law changed, the share of participants in TIP increased from 24% to 72.6%. Approximately, half the sample required treatment but did not have any problems. From 2003, the share of patients ‘without problems’ who chose TIP was high (60%).Conclusions: A modification of the TIP framework is justified for Hungary's criminal administration policy, which should consider the severity of the condition of the person utilizing the service in connection with drug use.

The deviance of women: a critique and an enquiry

The deviance of women: a critique and an enquiry