The preventive detention of 'dangerous' sex offenders in Australia: Perspectives at the coalface

Patrick Keyzer, Bernadette McSherry

Research output: Contribution to journalArticleResearchpeer-review

Abstract

Four Australian states, Queensland, New South Wales, Western Australia and Victoria as well as the Northern Territory have enacted laws that enable the continued detention in prison of "dangerous" sex offenders beyond the completion of their sentence. This has proved to be a popular response from a political and social policy perspective, with the New South Wales government recently extending its scheme to include serious violent offenders. While the Queensland scheme has been upheld by the High Court of Australia as constitutional, preventive detention laws raise human rights issues and problems with implementation. This paper outlines the results of 86 interviews carried out with psychiatrists, psychologists, social workers, former corrective services officials, lawyers and police officers who have firsthand experience with the operation of the Australian schemes. The results indicate that those at the "coalface" in relation to post-sentence preventive detention schemes are critical of a number of matters such as the general reliance on preventive detention rather than rehabilitation, the reliance on and use of risk assessment tools as well as media reporting of sex offenders.
Original languageEnglish
Pages (from-to)296-305
Number of pages10
JournalInternational Journal of Criminology and Sociology
Volume2
DOIs
Publication statusPublished - 2013

Fingerprint

preventive detention
offender
Law
police officer
psychiatrist
psychologist
lawyer
risk assessment
correctional institution
rehabilitation
social worker
human rights
interview
experience

Cite this

@article{d81cced7d57d4d34bb63c3f309472392,
title = "The preventive detention of 'dangerous' sex offenders in Australia: Perspectives at the coalface",
abstract = "Four Australian states, Queensland, New South Wales, Western Australia and Victoria as well as the Northern Territory have enacted laws that enable the continued detention in prison of {"}dangerous{"} sex offenders beyond the completion of their sentence. This has proved to be a popular response from a political and social policy perspective, with the New South Wales government recently extending its scheme to include serious violent offenders. While the Queensland scheme has been upheld by the High Court of Australia as constitutional, preventive detention laws raise human rights issues and problems with implementation. This paper outlines the results of 86 interviews carried out with psychiatrists, psychologists, social workers, former corrective services officials, lawyers and police officers who have firsthand experience with the operation of the Australian schemes. The results indicate that those at the {"}coalface{"} in relation to post-sentence preventive detention schemes are critical of a number of matters such as the general reliance on preventive detention rather than rehabilitation, the reliance on and use of risk assessment tools as well as media reporting of sex offenders.",
author = "Patrick Keyzer and Bernadette McSherry",
year = "2013",
doi = "10.6000/1929-4409.2013.02.29",
language = "English",
volume = "2",
pages = "296--305",
journal = "International Journal of Criminology and Sociology",
issn = "1929-4409",
publisher = "Lifescience Global",

}

The preventive detention of 'dangerous' sex offenders in Australia : Perspectives at the coalface. / Keyzer, Patrick; McSherry, Bernadette.

In: International Journal of Criminology and Sociology, Vol. 2, 2013, p. 296-305.

Research output: Contribution to journalArticleResearchpeer-review

TY - JOUR

T1 - The preventive detention of 'dangerous' sex offenders in Australia

T2 - Perspectives at the coalface

AU - Keyzer, Patrick

AU - McSherry, Bernadette

PY - 2013

Y1 - 2013

N2 - Four Australian states, Queensland, New South Wales, Western Australia and Victoria as well as the Northern Territory have enacted laws that enable the continued detention in prison of "dangerous" sex offenders beyond the completion of their sentence. This has proved to be a popular response from a political and social policy perspective, with the New South Wales government recently extending its scheme to include serious violent offenders. While the Queensland scheme has been upheld by the High Court of Australia as constitutional, preventive detention laws raise human rights issues and problems with implementation. This paper outlines the results of 86 interviews carried out with psychiatrists, psychologists, social workers, former corrective services officials, lawyers and police officers who have firsthand experience with the operation of the Australian schemes. The results indicate that those at the "coalface" in relation to post-sentence preventive detention schemes are critical of a number of matters such as the general reliance on preventive detention rather than rehabilitation, the reliance on and use of risk assessment tools as well as media reporting of sex offenders.

AB - Four Australian states, Queensland, New South Wales, Western Australia and Victoria as well as the Northern Territory have enacted laws that enable the continued detention in prison of "dangerous" sex offenders beyond the completion of their sentence. This has proved to be a popular response from a political and social policy perspective, with the New South Wales government recently extending its scheme to include serious violent offenders. While the Queensland scheme has been upheld by the High Court of Australia as constitutional, preventive detention laws raise human rights issues and problems with implementation. This paper outlines the results of 86 interviews carried out with psychiatrists, psychologists, social workers, former corrective services officials, lawyers and police officers who have firsthand experience with the operation of the Australian schemes. The results indicate that those at the "coalface" in relation to post-sentence preventive detention schemes are critical of a number of matters such as the general reliance on preventive detention rather than rehabilitation, the reliance on and use of risk assessment tools as well as media reporting of sex offenders.

U2 - 10.6000/1929-4409.2013.02.29

DO - 10.6000/1929-4409.2013.02.29

M3 - Article

VL - 2

SP - 296

EP - 305

JO - International Journal of Criminology and Sociology

JF - International Journal of Criminology and Sociology

SN - 1929-4409

ER -