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

Patrick Keyzer*

*Corresponding author for this work

Research output: Contribution to journalArticleResearchpeer-review

9 Citations (Scopus)

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.

Original languageEnglish
Pages (from-to)262-270
Number of pages9
JournalPsychiatry, Psychology and Law
Volume16
Issue number2
DOIs
Publication statusPublished - Jul 2009

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