Standard of proof, unpredictable behaviour and the High Court of Australia's verdict on preventive detention laws

Gray, Anthony (2005) Standard of proof, unpredictable behaviour and the High Court of Australia's verdict on preventive detention laws. Deakin Law Review, 10 (1). pp. 177-207. ISSN 1321-3660

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Abstract

Preventive detention laws authorize courts to order the continued detention in prison of a person who has served their allocated term of imprisonment, but who are thought to be at risk of re-offending if released. They raise fundamental issues about the separation of powers, the purpose of incarceration, and the standard of proof which is/should be required to authorize detention. They assume that it is possible to predict, with a satisfactory rate of success, whether or not a past offender would if released commit further offences. Recently, a majority of the High Court of Australia validated such legislation. The author in this article explains his reasons for disagreeing with the verdict of the Court in this matter.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Deposited with permission of publisher.
Depositing User: epEditor USQ
Faculty / Department / School: Historic - Faculty of Business - Department of Law
Date Deposited: 11 Oct 2007 00:17
Last Modified: 02 Jul 2013 22:31
Uncontrolled Keywords: preventive detention laws; standard of proof; separation of powers; High Court of Australia; predictability of future behaviour; Fardon case
Fields of Research (FOR2008): 16 Studies in Human Society > 1602 Criminology > 160203 Courts and Sentencing
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
16 Studies in Human Society > 1602 Criminology > 160202 Correctional Theory, Offender Treatment and Rehabilitation
Socio-Economic Objective (SEO2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940408 Rehabilitation and Correctional Services
URI: http://eprints.usq.edu.au/id/eprint/221

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