Post-sentence detention of terrorists: From sins of the past to predicting future risk in three new Australian regimes

Research output: Other contribution to conferenceAbstractpeer-review

Abstract

In this paper, three new Australian regimes of post-sentence detention of those assessed to be at risk of committing terrorism offences will be critically examined in terms of the legal and legal psychological controversies they pose. The first regime is the new federal regime of continuing detention orders in s 105A of the Criminal Code (Cth), modelled on existing state and territory schemes for post-sentence detention of serious sex offenders and violent offenders. This federal scheme allows the Attorney-General (Cth) to apply to court for continuing detention orders against prisoners serving sentences for terrorism offences. Even more controversially, two newer State-based regimes in New South Wales (see the Terrorism (High Risk Offenders) Act 2017 (NSW)) and South Australia (see amendments to the Criminal Law (High Risk Offenders) Act 2015 (SA)) allow continuing detention orders to be made against offenders whose index offence was not terrorism, though, prior to release, are suspected of being radicalised and willing to engage in terrorism. These regimes will be discussed in terms of how they challenge criminal justice principles, human rights, and, the expert assessment of offending risk; be that a risk of recidivism, and/or a risk of terrorism offending for the first time.
Original languageEnglish
Publication statusPublished - 2018
EventAustralian and New Zealand Association of Psychiatry, Psychology, and Law Annual Congress 2018: ANZAPPL Congress 2018 - Hotel Grand Chancellor, Hobart, Australia
Duration: 21 Nov 201824 Nov 2018
Conference number: 38
https://anzapplcongress.com/2018-program (Program)

Conference

ConferenceAustralian and New Zealand Association of Psychiatry, Psychology, and Law Annual Congress 2018
Country/TerritoryAustralia
CityHobart
Period21/11/1824/11/18
Internet address

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