Preventive Detention in Australia

Read Complete Research Material



Summary of Article

Summary of Article

Introduction

The operation of the legislation of the preventive detention of Australia is dependent on the assessment of risk for the sexual offending in future through the forensic clinician. Despite its importance, there is no information available in terms of the way these assessments of risk are taking place. Therefore, it is important to have a descriptive analysis of the practices of risk assessment of the professionals of mental health which are conducting the assessment under the legislation of preventive detention all over Australia. In this article, 86 different reports of forensic evaluation on fifty-sis different subjects of offenders were analyzed. The overall findings revealed that the standard of the risk assessment practice need to be raised as a whole.

The assessment of the risk for the violence in future provides the basis for most of the decisions which are taken in the system of criminal justice. The decisions regarding the conditions of release from the custody, parole, sentencing and bail applications can all be exaggerated by the intensity of risk for the violent behavior that is perceived by the offender. Most of the time, the law turns to the psychologists and psychiatrist for the opinion on the stages of risk that is posed for fighting by the delinquent. Furthermore, the opinions of the clinicians regarding the risk of future violence have been given a large amount of responsibility which has been followed by the implementation of the legislation which targets the sexual offenders.

Recently, various Australian states have started the laws which allow the community supervision or the continued detention of the sex offenders that have sentences which are expired but are still regarded as being dangerous. The passing of these preventive measures has resulted in the continuation of the international trend regarding the proliferation of the legislation that have been developed fro reducing the risks of the sexual recidivism. In Victoria, the government has introduced the legislation that expands the scope of the community supervision after the sentence for the sex offenders to allow their continuous detention in jail.

Irrespective of the different misgivings, there are many proceedings of the preventive detention which have occurred at a national level. There is nothing known regarding the way clinicians focus on the tasks which assesses the risk for the future of sexual violence in Australia as there is no systematic information which has been published and analyzed.

Problem Statement

It is important to understand the findings of the investigation of the reports of risk evaluation which are prepared y the professionals of mental health in context of the precautionary detention legislation of Australia. It is also very significant to develop the perception of the risk assessment practices of the clinician for ensuring that the legal decision makers are given the expert opinion of the highest quality on the risk and preserving and reinforcing the professional standards. It is important to understand the approaches of the risk assessment. It is also important to outline the practical and theoretical issues which limit the ...