Return to normal view

Call for Comments on High-Risk Offenders Continued Detention and Supervision Options for High-Risk Offenders

The Sentencing Advisory Council released an Community Issues Paper today on post-sentence options for high-risk offenders as part of its inquiry into whether Victoria should introduce a continued detention scheme.

The Attorney-General, the Hon Rob Hulls, MP, asked the Council in May to advise on the merits of introducing legislation to allow the continued detention in prison of offenders who are at the end of their sentence, but who are considered to pose a continued and serious danger to the community.

Queensland, Western Australia and New South Wales have introduced continued detention schemes for serious sex offenders.

Council Chair Professor Arie Freiberg said "The ethical, moral and legal questions that these schemes raise are extremely complex and go right to the heart of the principles on which our criminal justice system is based."

"Few people would disagree that there are a small minority of convicted offenders who may continue to pose a danger to the community on their release from prison."

"But the challenge is to find the most effective and humane way to manage that risk, and in a way that the community will accept."

"Victoria already has a range of pre-sentence and sentencing options to deal with high risk offenders and any new scheme should be seen in the context of all of our efforts to reduce the dangers that such offenders may pose. However, we also need to keep in mind that the current tools for predicting risks of reoffending are not perfect," he said.

Victoria currently has legislation to allow the courts to make "extended supervision orders" for child-sex offenders. These require an offender to be subject to ongoing supervision and conditions in the community upon their release from prison. There have been 9 such orders made to date in Victoria. However, unlike New South Wales, Queensland and Western Australia, there is no power in Victoria to detain offenders in prison beyond the end of their sentence.

Professor Freiberg encouraged those with an interest in this important inquiry to contact the Council with comments on the issues by 15 September 2006. The Council will call for formal submissions following the release of a detailed Discussion Paper in late 2006.