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Recidivism in Australia : findings and future research - Australian ...

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24<br />

<strong>Recidivism</strong> <strong>in</strong> <strong>Australia</strong>: f<strong>in</strong>d<strong>in</strong>gs <strong>and</strong> <strong>future</strong> <strong>research</strong><br />

There are also some offences such as tax-related or social security offences which, because<br />

they are detected <strong>and</strong> prosecuted by agencies other than the police, (notably the <strong>Australia</strong>n<br />

Taxation Office or Centrel<strong>in</strong>k) are not recorded <strong>in</strong> police databases.<br />

Overestimat<strong>in</strong>g offend<strong>in</strong>g<br />

Police data may also overestimate offend<strong>in</strong>g. Perhaps the most obvious situation is where an<br />

alleged offender is apprehended <strong>and</strong> charged by the police for an offence they did not commit.<br />

This might be for two ma<strong>in</strong> reasons. First, at the time of apprehension a police officer must<br />

have reasonable grounds for suspect<strong>in</strong>g that the offender is guilty, whereas <strong>in</strong> court, the<br />

prosecution must prove the case beyond reasonable doubt. The primary responsibility of the<br />

police is to prevent crime by apprehend<strong>in</strong>g suspected offenders, some of whom may be<br />

released without arrest or charge. Second, there are <strong>in</strong>dications from the literature that police<br />

may <strong>in</strong>flate the number of offences <strong>and</strong> charges applied to an offender <strong>in</strong> some cases, <strong>in</strong> the<br />

hope of secur<strong>in</strong>g a conviction on at least one of those charges (Payne 2006).<br />

Misrepresent<strong>in</strong>g time<br />

It is st<strong>and</strong>ard practice to record the apprehension date <strong>and</strong>/or arrest/charge date. In some<br />

states, police may also record the date of the actual offend<strong>in</strong>g episode that gave rise to the<br />

apprehension. However, where such a date is not recorded or, if recorded, is not available to<br />

the <strong>research</strong>er, then the only alternative is to use the date of the apprehension <strong>and</strong> charge as<br />

a proxy date for the offend<strong>in</strong>g event itself. In those situations where the date of apprehension is<br />

far removed from the date at which the offence was actually committed, police apprehension<br />

data will provide an <strong>in</strong>accurate ‘proxy’ record for the tim<strong>in</strong>g of the crim<strong>in</strong>al event itself.<br />

The disparity between apprehension <strong>and</strong> event dates at the police level may result from any<br />

number of factors, not the least of which is the time taken for the victim to report the offences<br />

<strong>and</strong> for the police to <strong>in</strong>vestigate the crime <strong>and</strong> to identify, locate <strong>and</strong> apprehend the offender.<br />

All of this may take days, weeks or even years, <strong>and</strong> is likely to vary considerably depend<strong>in</strong>g<br />

on the type of offence <strong>in</strong>volved. It is well documented, for example, that many child sex offences<br />

are not reported until the victim becomes an adult. In such cases, decades may elapse between<br />

the commission of the offence <strong>and</strong> the subsequent apprehension of the offender. Homicides<br />

are another example of where the apprehension date may be far removed from the date<br />

of offence – with delays primarily attributable to the lengthy periods of <strong>in</strong>vestigation required<br />

<strong>in</strong> these cases.

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