Australian Politics and Policy - Senior, 2019a

Australian Politics and Policy
apprehending suspected offenders. Policing agencies are made up of numerous
branches and sections, often with particular cultures, ways of operating and
priorities. For example, most state policing agencies will have (among many
others) separate investigation, traffic, water, air, counterterrorism, intelligence,
education, community engagement, policy and management units.
• Courts: the court or judicial process is concerned with determining whether an
individual is guilty or not guilty of the offence(s) they have been charged with.
If there is a finding of guilt, the magistrate or judge decides on a sentence to
impose upon the offender that adequately reflects the seriousness of the crime
committed and the circumstances surrounding the offence. Criminal courts
operate at different levels, with higher courts presiding over trials for more
serious crimes that attract more severe penalties. Courts manage significant
numbers of cases annually and are the gatekeepers that decide who is sentenced
to prison.
• Prisons: imprisonment is a form of punishment that is reserved for those who
have (generally) engaged in very serious offending and when no other form
of punishment is appropriate. Prisons are places of confinement, where the
offender is deprived of their freedom and autonomy. Prison services have to
manage the prisoners and alleged offenders (in the case of remand) sent to
them by police and the courts. Prisons operate according to security levels, with
more serious or protected inmates being housed in more secure facilities.
This brief overview of the criminal justice system highlights the role of key (but
not all) institutions and points to the different functions of each institution. It also
shows that different parts of the criminal justice system can be heavily impacted by
other agencies. For example, if police assume a pro-arrest policy, which brings more
alleged offenders into the system, it is likely that the courts and prisons will need to
deal with a greater number of cases and entries into custody.
Law and order policy has become increasingly punitive over time. This has
been referred to as ‘hyper-criminalisation’ 1 and has provided greater opportunities
for police to interact with and sanction people, a greater likelihood that someone
entering the criminal justice system will receive harsher penalties and a greater
likelihood that people will remain in or return to the criminal justice system.
Political cycles and news media play critical roles in law and order policy
making. Political parties often seek to appear ‘tough on crime’ through various
announcements, most frequently prior to an election. Promising more police, and
the introduction of sophisticated technologies to detect and help arrest offenders
and of tougher criminal sanctions are often the stock-in-trade of major political
parties at election times.
News media facilitates the communication and reinforcement of political law
and order messages, while also exacerbating public fear by disseminating endless
1 McNamara and Quilter 2016.
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