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Police body-worn camera (BWC) technologies—affixed to a vest, sunglasses or cap—are deployed by all Australian police agencies, including in frontline responses to domestic and family violence (DFV). This paper presents the findings from the first Australian study focused on how women DFV victim-survivors view and experience BWCs in police call-outs and legal proceedings. Informed by a national survey of 119 victim-survivors, it explores two key concerns relating to the potential consequences of BWC footage: (1) it may facilitate misidentification of the primary aggressor, and (2) perpetrators may use the BWC to present (false) evidence of themselves as blameless. [ABSTRACT FROM AUTHOR]

There has been significant investment by police agencies in the use of body-worn cameras (BWCs). Preliminary evidence suggests that when used in the context of domestic and family violence, BWC footage may strengthen evidential cases and prosecutions. There is, however, a paucity of research examining the merits of and risks posed by the use of BWC footage in DFV incidents and legal proceedings. Notably absent in much of the literature are the views and experiences of police officers who, as initial owners of BWC footage, are likely to affect how it is produced and interpreted. This paper presents findings from the first Australian study to examine how police officers, as users and operators of BWC technology, perceive the use of BWC footage in DFV-related civil and criminal legal proceedings in two Australian state jurisdictions: Western Australia and Queensland. While broadly supportive of BWC technology, police respondents, especially those from specialised DFV units, identified various benefits and limitations to using BWC footage in the context of DFV, including that BWCs have the potential to capture DFV upon police call-outs, but can be limiting insofar as they do not show ongoing patterns of violence. Our findings highlight the importance of exercising domain-specific, rather than a 'one size fits all' approach when it comes to understanding the benefits and limitations of BWC technology. [ABSTRACT FROM AUTHOR]

Women's rates of remand, or pre-trial detention, have grown dramatically in Australia and the rates at which Aboriginal and Torres Strait Islander women are incarcerated without conviction are particularly high. However, there is little research examining bail and remand practices and their relationship to social inequalities. This article presents findings from research on the drivers behind women's increasing rates of custodial remand in Victoria--a jurisdiction that has significantly restricted access to bail through legislative reforms. Drawing on data derived from interviews with criminal defence and duty lawyers, we outline how bail and remand practices systematically disadvantage women experiencing housing insecurity and domestic and family violence (DFV), increasing their risk of becoming trapped in longer-term cycles of incarceration. Our analysis reinforces the need to move away from 'tough on crime' approaches to bail. It also highlights unintended consequences of DFV reforms, including further marginalising and punishing criminalised women who are victimsurvivors. [ABSTRACT FROM AUTHOR]

This article discusses findings from an ethnographic study of a bail and remand court in Victoria, Australia. Through a focus on the sensory dimensions of forced movements within and through the bail court, the article contributes to the burgeoning sub-field of sensory criminology and develops the concept of 'carceral churn'. The article argues that the bail court's churn reproduces criminal and carceral subjects and is implicated in a project of carceral buildup. The churn of the bail court involves forms of mobility and exchange via the inter- and intra-carceral spaces that variously dull, distort, deprive or assault the senses with oppressive effects. This includes both 'new' and 'old' penal technologies such as holding cells, the custody dock, AV links and court-prison transport. The analysis of sensory violence challenges the notion that court 'efficiency' can improve justice experiences and outcomes and instead calls for increased attention to the harms and lethality that flow from carceral churn left un-checked. [ABSTRACT FROM AUTHOR]

In 2005, the Australian State of Victoria abolished the controversial partial defence of provocation. Part of the impetus for the reforms was to challenge provocation’s victim-blaming narratives and the defence’s tendency to excuse men’s violence against intimate partners. However, concerns were also expressed that these narratives and excuses would simply reappear at the sentencing stage when men who had killed intimate partners were convicted of murder or manslaughter. This article analyses post-provocation sentencing judgments, reviewing cases over the 10-year period since the reforms in order to determine whether these concerns have been borne out. The analysis suggests that at the level of sentencing outcomes they have not been borne out, although at the level of discourse the picture is more mixed. While sentencing narratives continue to reproduce the language of provocation, at the same time, post-provocation sentencing appears to provide opportunities for feminist judging – picking up on the spirit of the reforms – which have been taken up by some judges more than others. [ABSTRACT FROM AUTHOR]

This article examines the impact of legislative reforms enacted in 2005 in Victoria, Australia, on legal responses to women charged with murder for killing their intimate partner. The reforms provided for a broader understanding of the context of family violence to be considered in such cases, but we found little evidence of this in practice. This is partly attributable to persistent misconceptions among the legal profession about family violence and why women may believe it necessary to kill a partner. We recommend specialized training for legal professionals and increased use of family violence evidence to help ensure women’s claims of self-defense receive appropriate responses from Victorian courts. [ABSTRACT FROM AUTHOR]