A Civilianised Summary Power to Exclude: Perceptual Deterrence, Compliance and Legitimacy

Abstract

As a response to alcohol-related disorderly behaviours, the use of exclusion has expanded steadily across Australian jurisdictions but with minimal analysis of its effects. Bans, from public or private locations, are typically imposed summarily and presumed to be a meaningful deterrent to future problematic behaviours. The formalisation of licensee banning powers has created a civilianised police-enforceable power to punish by exclusion.

In Victoria, the legislative framing of licensee barring order provisions precludes formal monitoring of their use. This article reports findings from interviews conducted with recipients. The conceptual and situational value of barring orders are acknowledged, but their capacity to act as a tangible deterrent or effective agent for behaviour change is far from conclusive.

Barring orders constitute a civilianised summary power, which currently operates without scrutiny or accountability. Implications for the operational legitimacy of barring powers emerge from this study, in addition to broader considerations with respect to compliance, enforcement, oversight, and the importance of developing and examining alcohol policies through a gendered lens.

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Except where otherwise noted, content in this journal is licensed under a Creative Commons Attribution 4.0 International License.
Published: 2021-02-08
Section:Online First
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How to Cite
Farmer, C. (2021). A Civilianised Summary Power to Exclude: Perceptual Deterrence, Compliance and Legitimacy. International Journal for Crime, Justice and Social Democracy, 9(4). https://doi.org/10.5204/ijcjsd.1562

Author Biography

Deakin University
 Australia

Dr Clare Farmer is a Senior Lecturer in Criminology at Deakin University in Australia. Her research interests include the use/abuse of police powers, sentencing practices and quasi-criminal disposals, procedural justice and the assurance of individual rights across the criminal process.