Title

The 'preventive detention' of serious sex offenders: Further consideration of the international human rights dimensions

Date of this Version

7-1-2009

Document Type

Journal Article

Publication Details

Citation only

Keyzer, Patrick (2009). The 'preventive detention' of serious sex offenders: Further consideration of the international human rights dimensions. Psychiatry, Psychology and Law, 16 (2), 262-270.

Access the Journal

2009 HERDC submission. FoR code: 1801

© Copyright The Australian and New Zealand Association of Psychiatry, Psychology and Law, 2009.

Abstract

Several State jurisdictions in Australia have implemented legislation that detains a sex offender in prison after the conclusion of their prison sentence on the basis of a prediction of risk and with no further requirement of a fresh crime or criminal trial. A constitutional challenge to this legislation failed (see (2004) 11(2) PP L 244-253). This article sets out arguments that have been advanced by Ken Tillman in a communication to the United Nations Human Rights Committee that the New South Wales legislation inflicts arbitrary detention and double punishment contrary to Articles 9 and 14 of the International Covenant on Civil and Political Rights.

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This document has been peer reviewed.