The submissions to this inquiry provide insight into academic and advocacy perspectives on these elements of continuing detention measures. See Serious Offenders Bill , cl 14 3 supervision orders and cl 62 2 detention orders. While it is intended that all information provided is accurate, it does not represent professional legal opinion. They provide analysis on selected components of new Bills and topical issues in response to, and in anticipation of, the needs of Members of the Victorian Parliament. Provisions Expanded eligibility of the scheme A critical finding of the Harper Review was that the application of the existing post-sentence detention scheme should be expanded to include other types of offenders who have committed acts of serious interpersonal harm.
The Bill inserts a new division into the provisions dealing with the Post Sentence Authority, which introduces significant security powers at the premises of the Authority. Serious Offenders Bill , pt However, a significant minority of the Council was of the view that a continuing detention scheme should be introduced in Victoria to deal with the 'critical few' offenders who pose a serious risk to the safety of community members. These Council members believe such a scheme can be crafted to ensure that the competing rights and interests of offenders and of the broader community are balanced appropriately and orders made in only the most compelling cases. However, the broader community agrees that these preventative measures are necessary to keep the community safe and are a justifiable departure from usual democratic principles. Blackbourn 'The government still needs to demonstrate that indefinite detention for terrorists is necessary', The Conversation, 14 December Tulich, T. The offenders are detained on a case-by-case basis in accordance to risk and relevant offenses. The UNHRC considered that, in the circumstances, the substantial length of the continuing detention—as well as New Zealand's failure to change the nature of detention conditions to one centred on rehabilitation following the end of the complainants' prison sentences—breached rights to liberty the prohibition against arbitrary detention and to humane treatment in detention in relation to the rehabilitation of convicted prisoners. For example, an offender could be subject to a supervision order because they pose an unacceptable risk of committing a serious sex offence, despite having been originally convicted of a serious violence offence. For the equivalent provision for supervision orders, see, cl This includes requisite attendance at treatment or rehabilitation activities set out in the treatment and supervision plan, restrictions on the ability of an offender to leave the facility, and mandatory use of electronic monitoring devices. Tulich 'Critical reflections on preventive justice', in T. Human Rights Issues', Managing Fear: The submissions to this inquiry provide insight into academic and advocacy perspectives on these elements of continuing detention measures. Keyzer Sex Offenders and Preventive Detention: In one article, Legrand and Elliott consider the evaluation of policy outcomes in the space of counter-terrorism measures, and suggest application of 'twin tests' of 'effectiveness and appropriateness'. In particular, the introduction of continuing detention for high risk terrorist offenders through the Criminal Code Amendment High Risk Terrorist Offenders Act Cth has seen renewed academic interest in continuing detention practice, and in preventive justice theory more broadly. Further discussion of the engagement of these rights in relation to continuing detention schemes can be found in the following resources: See, Law Council of Australia op. Blackbourn 'The government still needs to demonstrate that indefinite detention for terrorists is necessary', The Conversation, 14 December. Serious Offenders Bill , cl —7. In relation to offenders convicted of serious violent crimes, the report stated that: It will, however, briefly touch on some of the inherent risks and implications that preventive detention schemes entail, including the interaction between preventive detention and civil liberties and human rights. These include that there a new facts or circumstances or if it is in the interests of justice. The deprivation of liberty a CDO [footnote continuing detention order] regime imposes is only defensible if there are accurate and reliable risk assessment tools that can determine which offenders are at a high risk of reoffending and which offenders are not. Murray 'Preventive justice, the courts and the pursuit of legitimacy', in T.
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