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Other Parliamentary SpeechesThis page is dedicated to Peter's speeches during parliament that do not fall under Questions or Questions without notice. They range from debating legislation, reporting on events or issues in his seat of Southport and his Ministerial Statements.
Dangerous Prisoners [Sexual Offenders] Bill |
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| Posted by Administrator (admin) on Jun 04 2003 |
| Other Speeches >> |
Mr LAWLOR (Southport-ALP) (3.17 p.m.): It gives me great pleasure to support this Dangerous Prisoners (Sexual Offenders) Bill 2003. At the outset I would like to thank the Leader of the Opposition for his history lesson. He has even resurrected the ghost of Denver Beanland, a former Attorney-General, who, in true coalition tradition, was neither an attorney nor a general. I know that he is sincere in what he says about this most serious issue, but he also has a very selective memory. He was a minister in a coalition government only five years ago and was able to do whatever he wanted then, I presume, and of course did nothing. But it is a very difficult issue.
Queensland currently has preventative detention provisions in the form of the indefinite sentence provisions of the Penalties and Sentences Act 1992 and the Criminal Law Amendment Act 1945. Under the Penalties and Sentences Act a court can impose an indefinite sentence on an offender convicted of a violent offence at the time of sentence if it is satisfied that the offender is a serious danger to the community and if the violent offence is defined as an offence that has a maximum penalty of life imprisonment. Similarly, it can be imposed in relation to certain sex offences that carry that same penalty.
Under the Criminal Law Amendment Act, this is old legislation which provides for the indeterminate detention of sex offenders both at the time of sentence and during the sentence, but the provisions need updating badly. If the court under the Criminal Law Amendment Act is satisfied on the evidence of two medical practitioners that the prisoner is incapable of exercising proper control over their sexual instincts and are-and this is the problem-capable of being cured, then those provisions can be applied. That then begs the question of what happens if that particular person is incapable of being cured. This bill introduces a modern and effective community protection scheme which empowers the court in appropriate cases to order the indefinite detention of any prisoner who, in the opinion of the court, poses a serious danger to the community because they will commit further serious sex offences if released. A serious sex offence of course is defined as one involving violence or against children.
The bill will also apply to existing and future prisoners regardless of when the offence was committed. The order will be made for the detention upon the application of the Attorney-General to the Supreme Court in cases where he believes that a convicted sex offender poses a risk of reoffending. In those cases, the court can then order that the prisoner undergo a risk assessment by two appropriately qualified psychiatrists who prepare a report for the court on the level of the risk posed by the prisoner in the event that he is released. The court then assesses the prisoner's risk of reoffending and imposes either a continuing detention order or a supervision order, which would also contain strict supervisory conditions upon release. The court can also take into consideration the medical evidence of course, the person's criminal history and any other evidence that indicates he may prove an ongoing risk, such as statements he may have made in prison. In making a continuing detention order or supervisory order, the court must be satisfied to a high degree of probability that the prisoner would pose a serious danger to the community if these orders were not made. In determining which order to make, the paramount consideration is the need to protect the community. If a continuing detention order is made, that is reviewed by the Supreme Court at least every 12 months.
Detention of individuals is always the last resort of the court, but the law has never regarded detention as legitimately authorised-and this was already mentioned by the Attorney-General-only for the purposes of punishment. An equally important element of any custodial sentence is the contemplation of rehabilitation of the offender. An order under this act would be similar to detention under the Mental Health Act, except that protection provided to the public by the new law is founded not on the mental illness of a person but on a just as important principle-that is, that priority must be given to protecting the public, our families and children from the dangers that people of this nature cause and also their likelihood of committing such offences again.
Terry O'Gorman and other civil libertarians have expressed some concern at the provisions of this bill. They say that there must be some certainty in sentencing, and I am generally sympathetic to those views. But, unfortunately, there have been too many instances of seriously dangerous and violent sex offenders being released into the community only to reoffend after it has been discovered that whilst a prisoner, in some cases anyway, the offender has made no attempt at rehabilitation, which is such an important element of the sentence. In some cases, they have made threats or statements that they would commit similar crimes to those for which they are imprisoned and upon release actually do go and recommit those offences. It is particularly these types of recalcitrant prisoners who would be adversely affected by this legislation. It is unfortunate for them that in choosing between the civil liberties of dangerous and violent sex offenders and the safety of the community, particularly women and children, we must choose the community's safety. This bill will achieve that. I commend the bill to the House. I also congratulate the minister and his staff on getting this bill sorted out. As I mentioned before, it is a difficult issue which has been well handled by the Attorney and his staff. Last changed: [PUBLISHED_DATE] at 9:00 AM
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