Preventing Crime or Punishing Propensities? A purposive examination of the preventative detention of sex offenders in Queensland and Western Australia

Abstract

According to their legislative objects, the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) and the Dangerous Sexual Offenders Act 2006 (WA) are aimed at protecting the community by detaining dangerous sex offenders after the expiry of their sentences and additionally at providing for the rehabilitation of such offenders. This paper considers whether preventative detention under these Acts is an appropriate and well-adapted means of achieving those legislative purposes. In particular, the paper questions the scientific validity and reliability of psychiatric assessments of sex offender dangerousness. The paper also considers whether preventative detention, in effect, imposes additional punishment for the index sex offence/s and/or punishes sex offenders for their propensities.