criminal justice process, Victoria Police officers
have significant discretionary powers and play
an important role as the entry point to the justice
system.
charge and prosecute) involves an element of
discretion on the part of the officer.
powers, and the harm that can be caused if
decision-making is not undertaken with people's
rights being fully considered, discretion should be
exercised appropriately.
to choose several courses of action. These include:
detaining the offender in police cells until the
preliminary hearing or the officer could refer
the offender to community-based services, for
example drug and alcohol rehabilitation services,
housing, mental health, sobering up centre
offender must be brought before a Magistrate
or Bail Justice.
Anna Corbo Crehan, `"Appropriate" Police Discretion
and Indigenous Over-Representation in the Criminal
Justice System" (2010) 11(1-2) Australian Journal
of Professional and Applied Ethics 1, 3. <http://
researchoutput.csu.edu.au/R/?func=dbin-jump-
full&object_id=13963&local_base=GEN01-CSU01> at
18 July 2013; State of Victoria, Office of Police Integrity,
`Talking Together', above n 217, 10.
Simon Bronitt and Philip Stenning, 'Understanding
Discretion in Modern Policing' (2011) 35 Criminal Law
Journal 319, 320.
police discretion and the over-representation of
Aboriginal and Torres Strait Islander people in the
criminal justice system is formally acknowledged
in policy. For example, the NSW Police Aboriginal
Strategic Direction 2012-2017, includes as
an objective to "reduce offending and over-
representation of Aboriginal people in the criminal
justice system". One of the strategies identified for
doing this is to "encourage the appropriate use of
discretionary Police power".
Plan 2003-2008 acknowledged that improving
justice outcomes for Aboriginal Victorians is core
business for Victoria Police.
another plan developed by Victoria Police.
and Research Unit assists relationships that exist
between Victoria Police and the Koori community
through the ACLO and PALO programs.
centres.
and Koories and attempts to use alternatives to
custody such as increasing the use of cautions,
summonses, official warning and penalty notices
for Koori people, police cautioning rates for
Koories remained relatively flat between 2002 and
2011.
embraced as much as they could, even allowing
for the positive work of the VALS/ Victoria Police
youth cautioning project supported by the AJA2
and AJA3.
New South Wales Police Force, Aboriginal Strategic
Direction 2007-2010 (2007), cited in Anna Corbo
Crehan, `"Appropriate" Police Discretion and
Indigenous Over-Representation in the Criminal
Justice System" (2010) 11(1-2) Australian Journal
of Professional and Applied Ethics 1, 3. <http://
researchoutput.csu.edu.au/R/?func=dbin-jump-
full&object_id=13963&local_base=GEN01-CSU01>
at 18 July 2013. 1. See also, New South Wales Police
Force, Aboriginal Strategic Direction 2012-2017 (2012).
<http://www.police.nsw.gov.au/about_us/policies__
and__procedures/policies/aboriginal_strategic_
direction> at 18 July 2013.
State of Victoria, Office of Police Integrity, `Talking
Together', above n 217, 16.
See, Victoria Police, Aboriginal Policy and Research
Unit (2013). <http://www.police.vic.gov.au/content.
asp?Document_ID=287> at 4 July 2013.