Australian Spent Convictions Reform: A Contextual Analysis

27 Pages Posted: 30 Aug 2012

See all articles by Moira Paterson

Moira Paterson

Monash University - Faculty of Law

Bronwyn Naylor

Monash University - Faculty of Law; RMIT University - Graduate School of Business and Law

Date Written: 2011

Abstract

This article aims to explore in more detail the interrelationship between spent convictions regimes, principles of punishment and sentencing rationales, and to provide an overview and critique of the Model Bill. We will begin by outlining the rationales for, and some objections to, spent conviction schemes. We will then analyze how spent convictions schemes relate to the broader sentencing principles, before examining the provisions of the Model Bill in the light of this analysis.

Keywords: punishment, spent convictions, sentencing principles, Model Bill, criminals

JEL Classification: K00. K10. K14, K19, K20, K29, K30, K39, K40, K42, K49

Suggested Citation

Paterson, Moira and Naylor, Bronwyn and Naylor, Bronwyn, Australian Spent Convictions Reform: A Contextual Analysis (2011). University of New South Wales Law Journal, Vol. 34, No. 3, 2011, Monash University Faculty of Law Legal Studies Research Paper No. 13, Available at SSRN: https://ssrn.com/abstract=2041780

Moira Paterson

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Bronwyn Naylor (Contact Author)

RMIT University - Graduate School of Business and Law ( email )

Melbourne
Australia
+61 3 9925 1297 (Phone)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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