‘I'm sorry but you're just not that special…’ Reflecting on the ‘Special Circumstances’ Provisions of the Infringements Act 2006 ( Vic )
Bibliographic Data
| ID | 17699773 |
|---|---|
| Authors | Meredith Brown (0000-0001-8152-6626, Meredith Brown, Criminal Justice Research Consortium, Monash University, corresponding author), Gaye Lansdell (0000-0002-7141-1590, Monash University), Bernadette J Saunders (0000-0003-3830-9874, Monash University), Bernadette Saunders (Monash University), Anna Eriksson (0009-0000-0999-9779, Monash University) |
| Year | 2013 |
| Volume | 24 |
| Issue | 3 |
| Pages | 375-393 |
| Publication date | 2013-03-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Current Issues in Criminal Justice (JOURNAL) |
| Journal identifiers | ISSN: 1034-5329 • E-ISSN: 2206-9542 |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/10345329.2013.12035967 |
| OpenAlex | W3123105587 |
| Language | EN |
| Citations received | 2 |
| References cited | 4 |
Infringement notices are used extensively in all Australian jurisdictions as an expedient way to address many incidences of minor law breaking. Recipients may pay a fixed penalty, rather than proceeding to court, reducing the burden on Magistrates' Courts and police resources. Fixed penalties are applied to specific offences, irrespective of aggravating or mitigating circumstances (O'Malley 2010), and these are typically considerably less than court-imposed fines. However, the expansion and ubiquity of the infringements system has resulted in an increasing number of marginalised individuals coming into contact with the criminal justice system. Certain groups of people, characterised by their vulnerability and multi-level disadvantage (such as homelessness, mental illness, intellectual disability or substance abuse), are disproportionately and adversely affected by this system. Indeed, it entrenches and compounds existing disadvantage in several ways — a topic this article will discuss. Drawing on interviews with 95 stakeholders** involved in the Victorian infringements system, we will outline some of the most problematic aspects of the operation of the Infringements Act 2006 (Vic), critically discuss what has already been undertaken to alleviate the situation for individuals characterised by so-called ‘special circumstances’, and propose amendments to the system which might also serve as a guide for other Australian jurisdictions facing similar challenges
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| Unique citing works | 2 |
|---|---|
| Citations per year | 0,15 |
| Citation span | 2013 - 2014 (2) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 2 |