Criminal sentencing law outline

1. Draft Title

Preventative Detention is my allocated group topic. After thorough research, many experts and lawyers believe that preventative detention is an infringement of human rights and has many flaws that can be fixed. I think I will be analysing the need against the detriment of preventative detention.

Although quite simple, a suitable title could be “Does the Need for Preventative Detention Outweigh the Detriment”.

1. Draft Research Question

Within the New South Wales regime are there too many insufficient procedural safeguards and other limitations in the legislation that detriment the need of preventative detention orders?

1. Draft Introduction

• Discuss what a Preventative Detention Order is, its origin and why it was introduced
• Bring to light that research in preventative detention debates as to whether Australia’s preventative detention laws are necessary to fulfil a counter-terrorism objective that cannot be achieved via other laws and powers.
• Scholars assessments say that preventative detention under the TPDA fills only a very small gap in counter-terrorism capabilities, but a gap nonetheless.

• The laws are unnecessary to respond to terrorism.

1. 4 Preliminary Sources

• Thomas v Mowbray [2007] HCA 33
• Fardon v Attorney General [2004] HCA 46
• Division 104/105 of the Criminal Code Act
• Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51
• Terrorism (Preventative Detention) Act 2005

• ‘Preventative Detention Orders in Australia’ - Svetlana Tyulkina and George Williams
• ‘All Roads Lead to Infringement of the Separation of Powers’ - Kate Chetty
• ‘Double Punishment? The Fardon Communication’ – Partick Keyzer and Sam Blay
• ‘Can Charters of Rights Limit Penal Populism?: The Case of Preventative Detention’ – Andrew Dyer

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