The “Preventive Detention” of Serious Sex Offenders: Further Consideration of the International Human Rights Dimensions

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.