Criminal Justice Reform

What happens to people when they’re released from prison? Does deterrence work? And how do we ensure the criminal justice system doesn’t just entrench social inequality?

 

These kinds of questions don’t get enough attention. Our criminal laws are there to protect us, but too often all they strive for is punishment, and everyone loses.

We advocate for an evidence-based criminal justice system that respects human rights, prioritises rehabilitation over punishment wherever possible and ultimately leads to safer communities.

  • Police Panopticon: Zooming in on the Use of Body Worn Cameras by Victoria Police Officers

    We all want to feel safe and be treated with dignity. This becomes particularly important when interacting with police officers, both, as a victim of crime or an alleged perpetrator. Therefore, we must always consider mechanisms for improving police accountability.

    Body-worn cameras (BWCs) have evolved as a useful tool for promoting police accountability and transparency, particularly in the wake of the Black Lives Matter movement.

    While there is a rapid expansion in the use of BWCs in Victoria, a lack of specific legislation and external oversight on their use means that any benefit of the technology is in the hands of Victoria Police alone. As a result, the key goals of promoting accountability and efficiency are not being optimised.

    Victoria needs urgent reform to ensure that body worn cameras are used in a manner that enhances police accountability.

    This report identifies critical areas related to police use of BWCs and outlines recommendations for legislative and policy reform to ensure that BWCs are used in a way that promotes, accountability and transparency in policing and to ensure BWC are being used in a manner that is consistent, clear and promotes the safety and dignity of all members of the public.

    This report was written by the Rights Advocacy Project’s 2020-2021 criminal justice team: Samantha Varghese, Ovi Rajasinghe, Mahnoor Sikandar, Kiara Wagner, and Katherine Schofield.

  • Bailing Out A Broken Bail System

    The new bail laws create the risk of injustice, particularly for low-level, repeat offenders. There needs to be a renewed emphasis on tackling the underlying causes of criminal offending and a clear recognition that many offenders are affected by such things as mental health disorders, unemployment, lack of education and homelessness.


    Rather than locking up people charged with low-level offences minor and non-violent offences, the Victorian government should be funding programs that address the drivers of criminal offending. Our report into the urgent need for bail reform has now been released.

    The report was written by RAP’s criminal justice team: Arabella Close, Asad Kasim-Khan, Erin Meeking, Kresta Lokumarambage and Sanduni De Silva.

  • Victoria's bail system is broken and needs bailing out.
  • There is urgent need for reform to Victoria's bail laws to ensure people who have been charged with minor or non-violent offences and pose a low risk to the community are not further criminalised by being denied bail.
  • Bail means a person who is charged with a criminal offence can be released into the community on the promise they will attend court at a later date. This is because in Victoria, everyone charged with a criminal offence is innocent until they are prov
  • As a result of the 2017-2018 changes to bail laws, the number of people detained in prisons in Victoria has continued to increase, with a disproportionate impact on women, Aboriginal and Torres Strait Islander people and people from culturally and li
  • mprisonment even for just a short time, means that women risk losing their children, their homes and their jobs.
  • Denial of bail can be especially punitive and perpetuate cycles of disadvantage, further driving future criminal behaviour, rather than supporting communities and addressing the longstanding issues that contribute to offending.
  • "Victoria's bail laws are not making us safer. What we are actually doing by funneling people into custody is making our community less safe because we are creating a cohort of people who are more likely to reoffend because of time in custody
  • Implement a single 'unacceptable risk' test for all offences. Amend section 1 of Schedule 2 of the Bail Act. Repeal secondary breaches of bail offences. Adopt a 'no real prospect test'. Develop guidelines on the application of section 3A of the Bail
  • t's time for the Victorian Government to change the rhetoric around crime, divert funds away from prisons and into early intervention and community programs and keep people out of the legal system.
  • Be informed: Read out report in full at rightsadvocacyproject.org. Spread awareness: share this thread. Take Action: Contact your local MP with out report recommendations. All our research is undertaken by our team of dedicated volunteers.

Listen to Liberty Victoria’s president, Julia Kretzenbacher, on the need for bail reform with Tony Jones on 3AW.

 

Past Projects

  • Diversion Schemes

    Though diversion programs are theoretically available to all Victorians facing their first minor criminal charge, a key barrier to being accepted into diversion is the requirement that the prosecution consent.

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  • Spent Convictions Scheme

    In Victoria, the police decide what to disclose in a criminal record check. These checks go to employers, housing providers and insurance companies. With a conviction, these checks can be a roadblock to accessing all manner of life’s necessities.

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  • Life after Prison

    Each year, approximately 6, 000 people are released from prison in Victoria. Most of them are not equipped to deal with life upon release. They often have severe mental and physical health issues, poor employment prospects and, far too frequently, no form of secure accommodation.

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  • Prisonor Rehabilitation and Reintergration

    Many of RAP’s recommendations made it into the Victorian Ombudsman’s report of the investigation into the rehabilitation and reintegration of prisoners.

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  • Addressing discriminatory policing practices

    We know that racial profiling has detrimental effects on individuals and communities impacted. We also know that policing should be based on evidence and reasonable suspicion — profiling based on race isn’t just unlawful discrimination, it’s bad policing.

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