O'Sullivan, Carmel, and Lauchs, Mark (2018) A Spoiled Mixture: The Excessive Favouring of Police Discretion Over Clear Rules by Queensland's Consorting Laws. Criminal Law Journal, 42 (Part 2). pp. 108-121.

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Abstract

Queensland's organised crime legislation grants police wide discretionary authority to issue consorting warnings which can criminalise associations. The Act does not require evidence that the association is connected to a criminal activity before the warning can be issued. This article applies Schneider's theory of discretion and rules to these laws to demonstrate that they lack the appropriate “mixture” of the two. They excessively favour discretion, creating a substantial risk that the disadvantages of discretion will eventuate and the advantages of rules will be undermined. Moreover, it is likely that vulnerable groups will be disproportionately affected by the laws. A clear rule requiring a nexus between the association and a criminal activity would mitigate these risks, while still facilitating police in preventing serious and organised crime. This finding is relevant to Queensland and other Australian jurisdictions that have or are considering implementing comparable consorting offences.

Item ID:	89039
Item Type:	Article (Research - C1)
ISSN:	0314-1160
Date Deposited:	29 Oct 2025 04:38
FoR Codes:	48 LAW AND LEGAL STUDIES > 4804 Law in context > 480401 Criminal law @ 100%
SEO Codes:	23 LAW, POLITICS AND COMMUNITY SERVICES > 2304 Justice and the law > 230403 Criminal justice @ 100%
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