Dangerous Prisoner Orders
Made under the Dangerous Prisoners (Sexual Offenders) Act (Qld) 2003:
These orders are made near the end of the sentence. Arguments in favour of these orders are that “the prospects of accurately predicting the likelihood of a prisoner’s re-offending once released will be better towards the end of the prisoner’s sentence than at the beginning” Buckley [2008] QCA 45 at 19. Arguments against these orders though are that they are retrospective and uncertain. Nevertheless the legislation was upheld in Fardon v AG (Qld) [2004] HCA 46.
Such orders can be made upon application by the Attorney General and order by the Supreme Court, particular offenders (those convicted of an offence of a sexual nature, whether committed in Queensland or outside Queensland, involving violence; or against children) may be subject to a:-
•Continuing detention order (s13(5)(a)) (subject to annual review); or
•Supervision Order (s13(5)(b) (release subject to conditions (s16)).
To make this order the Court must be satisfied to a “high degree of probability” that the offender is a “serious danger to the community” i.e. There is an unacceptable risk that they will commit a serious sexual offence if released (s13(2)). In this determination the Court must must consider two psychiatric risk assessment reports, among other factors in 13(4).
These orders are made near the end of the sentence. Arguments in favour of these orders are that “the prospects of accurately predicting the likelihood of a prisoner’s re-offending once released will be better towards the end of the prisoner’s sentence than at the beginning” Buckley [2008] QCA 45 at 19. Arguments against these orders though are that they are retrospective and uncertain. Nevertheless the legislation was upheld in Fardon v AG (Qld) [2004] HCA 46.
Such orders can be made upon application by the Attorney General and order by the Supreme Court, particular offenders (those convicted of an offence of a sexual nature, whether committed in Queensland or outside Queensland, involving violence; or against children) may be subject to a:-
•Continuing detention order (s13(5)(a)) (subject to annual review); or
•Supervision Order (s13(5)(b) (release subject to conditions (s16)).
To make this order the Court must be satisfied to a “high degree of probability” that the offender is a “serious danger to the community” i.e. There is an unacceptable risk that they will commit a serious sexual offence if released (s13(2)). In this determination the Court must must consider two psychiatric risk assessment reports, among other factors in 13(4).