ORCID Profile
0000-0003-0169-9071
Current Organisation
University of Tasmania
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Publisher: Informa UK Limited
Date: 08-12-2020
Publisher: SG Publishing
Date: 15-12-2022
DOI: 10.35502/JCSWB.280
Abstract: Australia’s incarceration rates are the highest they have been in a century. Bail and remand contribute much to this trend, and yet the reasons why police refuse bail to vulnerable people are currently unclear. What is clear, though, is that a disproportionate number of vulnerable people are being refused bail, resulting in periods of remand incarceration which end up either longer than the prison sentence given by a magistrate, or undue if the alleged offender is found not guilty. This tendency is particularly observable for the most vulnerable: Aboriginal people, children, people with a mental health condition, the homeless, and women. The authors investigated how magistrates grant or refuse bail as part of the court process, then looked at two tipping points bracketing the bail continuum: 1) policing interactions leading to court appearance, and 2) the impact of bail refusal on public health and community safety and well-being in general. In the present article, they examined how authorized police officers consider refusing or granting bail. This new project aims to investigate the police bail decision-making process and generate new knowledge about the impact of bail refusal on vulnerable people. Through an iterative process with national practitioners and international experts, the authors aimed to identify factors to consider when bail involves vulnerable people. Expected outcomes included the development of mechanisms to benefit the full remit of criminal justice, reduce costs, and improve fairness, accountability, and procedural justice.
Publisher: SG Publishing
Date: 23-03-2023
DOI: 10.35502/JCSWB.314
Publisher: Queensland University of Technology
Date: 08-11-2021
DOI: 10.5204/IJCJSD.1905
Abstract: Since bail legislation was enacted in the 1970s, Australia has experienced a continual increase in the number of prisoners on remand. Amendments to bail legislation and police discretion have been shown to contribute to this increase. Further, an accused’s vulnerability affects whether they are granted or denied bail, with vulnerable people being more likely to be denied bail. Vulnerability in the criminal justice system refers to factors such as race, age, sex and socioeconomic status. Many vulnerable people have multiple intersecting vulnerabilities, which further compounds their contact with the justice system. This study employed a qualitative content analysis of bail legislation for the Australian states of New South Wales (NSW), Tasmania, and Victoria, along with key correlating second reading speeches. The aim was to better understand the way in which bail decision-makers, such as police, consider vulnerability when making decisions about bail, in particular, if and how they are legislated to consider factors relating to vulnerability. The research found that only police in NSW and Victoria were required to consider an accused’s vulnerability explicitly under the law. Although legislation may cater for varying vulnerabilities, intersecting vulnerabilities are not considered.
Publisher: Informa UK Limited
Date: 20-10-2022
Publisher: Routledge
Date: 06-10-2023
Publisher: Informa UK Limited
Date: 31-03-2019
Publisher: Emerald
Date: 06-04-2012
DOI: 10.1108/14439881211222697
Abstract: The research technique of shadowing is the most in‐depth type of systematic, direct observation in situ of behaviours within a particular organisational or social setting, and yet, it crucially lacks documentation and critical analysis. The origins of the under‐documenting, coupled with the mutation of the scientific method of shadowing through its adoption by many industries as a means of on‐the‐job training, have led to a misunderstanding of shadowing as a scientific technique. This is problematic at several levels for academics deeply involved in qualitative methodology. The purpose of this paper is to address, in part, this gap in the literature. By defining shadowing, considering the reasons why shadowing has had little critique from social science scholars and then exploring the problems of it as a research technique, particularly within the current context of ethics regimes, the authors wish to proactively help to avoid unintentional yet delicate fieldwork situations, in which misunderstanding may happen due to the lay use of “shadowing” as a passive (non‐obtrusive) observation. The authors argue that the research practice of shadowing implies specific systematic techniques and extensive self‐discipline by the researcher. It also caters for a need in data collection that oversteps traditional observation‐and‐interviewing techniques, by adding a new hermeneutical layer to the information gathered. It becomes an essential tool in the evaluation of public policy initiatives and programmes and in the understanding of not only the mechanics, but of the motivations behind actions and behaviours. This paper addresses part of a gap in the literature and paves the way for more critical analysis of the dynamics that emerge during the shadowing of a research participant.
Publisher: Informa UK Limited
Date: 04-05-2019
No related grants have been discovered for Isabelle Bartkowiak-Théron.