Regulating Undercover Law Enforcement: The Australian Experience

Regulating Undercover Law Enforcement: The Australian Experience
Title Regulating Undercover Law Enforcement: The Australian Experience PDF eBook
Author Brendon Murphy
Publisher Springer Nature
Pages 378
Release 2021-03-05
Genre Law
ISBN 9813363819

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This book examines the way in which undercover police investigation has come to be regulated in Australia. Drawing on documentary and doctrinal legal analysis, this book investigates how, in the space of a single decade, Australian law makers set out to regulate one of the most difficult aspects of police: undercover investigation. In so doing, the Australian experience represents a paradigm model. And yet despite its success, it is a system of law and practice that has a dark side – a model of investigation to relies heavily on activities that are unlawful in the absence of authorisation. It is a model that is as much concerned with the surveillance and control of police as it is with suspected criminal conduct. The book aims to locate the Australian experience in comparative perspective with other major common law jurisdictions (the United Kingdom, Canada and New Zealand), with a view to contrast strengths, similarities and weaknesses of these models. It is argued that the Australian model, at the pragmatic level, offers a highly successful model for regulatory structure and practice, providing a significant model for successful regulation. At the same time, the model that has been introduced raises important questions about how and why the Australian experience evolved in the way that it did, and the implications this has for the relationship between citizen and state, the judiciary and the executive, and broader questions about the protections offered by rights discourse and jurisprudence. This book aims to document the law, policy and practices that shape undercover investigations. In so doing, it aims to not only articulate the way in which the law regulates these activities, but also to move on to consider some of the fundamental questions linked to undercover investigations: how did regulation happen? By what means of regulation? What are the driving policy issues that give this field of law its particular complexion? What are the implications? Who gains, and who loses, by which means of power? The book offers unique insights into a largely unknown aspect of modern covert policing, identifying a range of practices, the legal framework, controversies and powers. By locating these practices in a rich theoretical context, informed by risk and governmentality scholarship, this book offers a legal and theoretical explanation of one of the most controversial forms of policing.

Law, Policy and Climate Change

Law, Policy and Climate Change
Title Law, Policy and Climate Change PDF eBook
Author Dariel De Sousa
Publisher Taylor & Francis
Pages 237
Release 2022-09-29
Genre Law
ISBN 1000683931

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Focusing on systemic risks caused by climate change, this book examines how these risks can be effectively regulated to ensure resilience and avoid catastrophe. Systemic risks are risks that threaten the systems upon which society depends, including ecosystems, social systems, financial systems, and systems of infrastructure. Such risks are typically characterised by inherent complexity, profound uncertainty, and overwhelming ambiguity. In combination, these features pose significant regulatory challenges for policy and law-makers. Examining how different types of systemic risks caused by climate change are being regulated in four different jurisdictions – the EU, the UK, the US and Australia – this book identifies deficiencies associated with regulating systemic risks using a traditional approach, based on a linear relationship between risk and regulation, which is widely used to regulate risk. The book advances a regulatory approach that is, instead, founded on the concept of "risk governance". This involves a structured yet flexible, holistic, interdisciplinary and inclusive basis for responding to systemic risks; and it is, this book argues, a more effective basis for regulating systemic risks given their uncertainty, complexity and ambiguity. This book will appeal to academics, policy and law-makers and practitioners working at the intersection of law and policy in the areas of regulation, risk management and climate change.

Marx and We

Marx and We
Title Marx and We PDF eBook
Author Sun Zhengyu
Publisher American Academic Press
Pages 325
Release 2024-08-01
Genre Philosophy
ISBN 163181494X

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Marxist ideology is the only fully scientific ideology, the only one able to guide mankind toward the settlement of fundamental social problems and to point out the royal road for the proletariat to take in its march toward socialism and communism. Without Marxism, modern people cannot establish true social ideals, nor can they engage in the rational pursuit of values. Without Marxism, modern people cannot choose the correct path of development, nor can they build up new forms of civilizations. Without Marxism, modern people would never base their commitments to schedule the consensus-building effort and support the consensus-building process on any irrefutably and sufficiently sound theoretical foundations.

APAIS 1992: Australian public affairs information service

APAIS 1992: Australian public affairs information service
Title APAIS 1992: Australian public affairs information service PDF eBook
Author
Publisher National Library Australia
Pages 1098
Release
Genre
ISBN

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Police Integrity Management in Australia

Police Integrity Management in Australia
Title Police Integrity Management in Australia PDF eBook
Author Louise Porter
Publisher CRC Press
Pages 299
Release 2012-04-06
Genre Law
ISBN 1466559063

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In the past two decades, Australia has been the site of major police misconduct scandals and inquiries, leading to reform initiatives at the cutting edge of police integrity management practices. Presenting interviews with key informants and an analysis of key documents, Police Integrity Management in Australia: Global Lessons for Combating Police

Covert Investigation

Covert Investigation
Title Covert Investigation PDF eBook
Author Clive Harfield
Publisher OUP Oxford
Pages 429
Release 2012-06-14
Genre Law
ISBN 0191645109

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The third edition of Covert Investigation continues to provide a practical, straightforward guide for anyone working in the area of covert investigation. This edition is updated to include significant amendments to the Regulation of Investigatory Powers Act 2000 brought about by the Police and Crime Act 2009, as well as revisions to the Codes of Practice. Also included are discussions reflecting the considerations of Parliamentary and Home Office reviews of surveillance practice and law: reviews undertaken in response to practitioner concerns about the RIPA authority regime and wider public concerns about an emerging surveillance society. The book contains all the relevant legislation, codes of practice and case-law relating to covert investigation methods and examines the issues that investigators need to consider when deploying such investigative tools, concentrating on the full implications of RIPA with regards to daily, routine policing activity. The authors consider each different aspect of covert investigation in turn, discussing statutory provision and introducing case law alongside investigation management issues. It successfully demystifies an area of investigation and enforcement that has hitherto been poorly understood. It is intended to assist those planning and supervising investigations and those with a statutory obligation to sanction applications for authorised covert investigation or withhold such authority. It will help officers improve the quality of RIPA applications and ensure that applications for cover investigation are made only in appropriate circumstances. In particular, the third edition looks at incontrovertible evidence, the strict statutory and procedural frameworks governing collection of such evidence, and how to minimize the risk of unwitting abuse of these powers and procedures which can lead to technical acquittals and procedural challenges at court. The book forms part of the Blackstone's Practical Policing Series. The series, aimed at junior to middle ranking officers, consists of practical guides containing clear and detailed explanations of the relevant legislation and practice, accompanied by case studies, illustrative diagrams and useful checklists.

Criminal Law Perspectives

Criminal Law Perspectives
Title Criminal Law Perspectives PDF eBook
Author John Lance Anderson
Publisher
Pages 853
Release 2021
Genre Criminal law
ISBN 9781108811859

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Criminal Law Perspectives: From Principles to Practice is an engaging introduction to the criminal law in New South Wales, Victoria, the Australian Capital Territory and the Commonwealth Criminal Code. It takes a comparative approach to the law in these jurisdictions, focusing on prevalent summary offences, substantive federal offences and criminal procedure. Complex concepts are explained and contextualised by linking them to practical applications. Each chapter is supported by tools for self-assessment: review questions; case boxes summarising and extracting key historical and contemporary cases; and longer, narrative end-of-chapter problems that promote student engagement and help students develop problem-solving skills and independent thinking. Criminal Law Perspectives explores the development of criminal law principles in Australia, and provides a comprehensive and accessible overview of criminal law for students studying in the area for the first time.