Australia's expanding jurisprudence of risk : A critical analysis of Australian preventive detention and post-sentence supervision systems

Book chapter


Keyzer, Patrick and O'Donovan, Darren. (2019). Australia's expanding jurisprudence of risk : A critical analysis of Australian preventive detention and post-sentence supervision systems. In In Meijer, Sonja, Annison, Harry and O’Loughlin, Ailbhe (Ed.). Fundamental rights and legal consequences of criminal conviction pp. 227-246 Hart Publishing. https://doi.org/10.5040/9781509921003.ch-012
AuthorsKeyzer, Patrick and O'Donovan, Darren
EditorsMeijer, Sonja, Annison, Harry and O’Loughlin, Ailbhe
Abstract

[Extract] In this chapter, we focus upon the post-sentence consequences that have flowed from the growth of preventive and data-driven policing in Australia. The existence of a past conviction can result in entry into a complex web of supervisory mechanisms, including the deprivation of liberty and incarceration, according to opaque procedures of risk assessment. As discussed throughout, Australia’s ‘jurisprudence of risk’ extends from predictive policing of those with an existing criminal record to extensive schemes of preventive detention and supervision. The ‘risk-based’ consequences of conviction also extend to the immigration system, where upon completion of their sentence, offenders also face possible preventive deportation. We argue that the use of opaque risk-centred criteria threatens to displace the principle of proportionality, resulting in a diminution of fundamental rights. The chapter offers an analytical framework for understanding how these systems have taken root and expanded, and how they might be reformed.

Page range227-246
Year2019
Book titleFundamental rights and legal consequences of criminal conviction
PublisherHart Publishing
Place of publicationOxford, United Kingdom
ISBN9781509920976
9781509921003
9781509920990
Digital Object Identifier (DOI)https://doi.org/10.5040/9781509921003.ch-012
Research or scholarlyResearch
Publisher's version
License
All rights reserved
File Access Level
Controlled
Output statusPublished
Publication dates
Online26 Jul 2019
Publication process dates
Deposited25 Aug 2021
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