Research Paper for Legal Aid NSW: Civil detention for high risk offenders

Abstract

This report investigates alternative approaches to post-sentence preventive detention, focusing on the locations where such sentences are served and the policies in two domestic and four international jurisdictions. It also examines non-prison detention models for high-risk offenders from three additional countries. The analysis aims to determine whether these models can improve the effectiveness of New South Wales’ current post-sentence regime while balancing community safety and offender rehabilitation. After outlining the theoretical foundations of post-sentence detention, the report assesses in-prison approaches in Victoria and Queensland, and contrasts them with alternative detention models in Germany, Yemen, Denmark, and Norway. The report highlights the potential of specialized cognitive and behavioural rehabilitation programs, drawing on successful models in Singapore, New Zealand, and Canada. The findings support the integration of community-based and non-prison facilities into post-sentence detention frameworks to reduce recidivism and enhance reintegration outcomes. Due to scope limitations, further research is recommended to assess the practical application of these models in NSW.