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1. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
EXAMINE the implications of
post-sentencing considerations in
achieving justice
POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
So, remember, we’re asking questions AND writing some
possible answers in order to EXAMINE…
But look at the red box – ‘EXAMINE the IMPLICATIONS
of post-sentencing considerations in achieving justice’

2. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
EXAMINE the implications of
post-sentencing considerations in
achieving justice
POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
IMPLICATIONS = CONSEQUENCES
So, we need to look at the CONSEQUENCES of some of these decisions,
and whether we think they’re really ACHIEVING JUSTICE
e.g. The consequence of ‘continued detention’ is that offenders are kept in prison after serving
their whole sentence. Is this a good way of achieving justice? For whom?

3. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
EXAMINE the implications of
post-sentencing considerations in
achieving justice
POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
SOME of these issues don’t really have big ‘justice’ questions
to go along with them, but SOME do (especially ‘Parole’ and
‘Preventative/Continued Detention’)

4. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
AFTER the defendant has been sentenced to a
punishment, there are STILL more issues that
MIGHT need to be decided on
(not in every case though).
Security
Classification
Protective Custody
(for all or part of the
sentence)
Parole
(possible, but not
guaranteed)
Preventative
/Continued
Detention
Sex
Offenders
Registration
(obviously,
for serious
sex
offenders)
Deportation
(for non-
citizens in
Australia less
than 10 years
and facing 12
months or
more jail)
Non-Parole Period Parole possible
Before
Incarceration
Found Guilty
and sentenced
to
imprisonment
After sentence served
When released…

5. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
1. Security Classification
Once the offender has been found guilty AND sentenced to
imprisonment, the next decision is WHERE they should go to prison.
There are over 30 prisons in NSW alone (we have over 10,000
prisoners). So the Department of Corrective Services makes a
decision about where the offender should serve his sentence.
This is worked out by giving each prisoner a Category for their security classification.
Category A prisoners are dangerous
Category C the least serious and
Category E prisoners are escape risks.
This helps decide which prison they are going to (Maximum, Medium or Minimum
Security).
The prison at Goulburn is a “Supermax” prison for the most dangerous criminals (serial
killers, gang leaders, etc). 4 Corners - Supermax

6. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
2. Protective Custody
Some prisoners are put in separate areas of the
prison (or moved elsewhere).
This is often because their lives are in danger (e.g.
they are informants; they are in prison for child sex
offences).

7. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
2. Protective Custody
This is what happened to the former Deputy DPP of NSW Patrick Power in the case Police v
Power (2007). Basically, this was the second‐in‐charge guy when it came to prosecuting
criminals in NSW and he HIMSELF was found to be in possession of child pornography. He got 15
months in prison, but only served 8 months because he was in protective custody the whole
time (since he was responsible for putting some of his fellow prisoners in jail).
Being isolated from other prisoners is WORSE than being locked in there with them?
This has been the general presumption in the past – that it is harder to “do time” by yourself
than with other inmates (R v Gilchrist (1991))

8. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
So, for example, if you’re a police informant, you USED TO get a discount for providing
information to police, AND you would be put into protective custody in prison AND you would
get an EXTRA discount for being stuck in protective custody.
John Hatzistergos,
(Former) NSW
Attorney-General
Judges, when sentencing, will
just have to acknowledge that
prisons are now a safer place NSW Labor was just
trying to seem tough
before the 2010
election
These prisoners get locked
away, sometimes 23 hours
a day, away from
everything
2. Protective Custody

9. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
Prisoners in NSW now have to PROVE that they face tougher conditions
than other inmates BEFORE they get a sentence discount for the extra
hardship that might come with being stuck in protective custody.
NSW limits sentence discounts for criminals,
The World Today Program, Radio National (2010)
2. Protective Custody

10. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
If you get parole, you are released from prison on
certain conditions. Technically, you are still serving
your jail term, but you are being brought slowly
back into the community.
The decision to grant (allow) parole is made by the Parole Board.
The Board will look at things like:
- The inmate’s conduct while they have been in prison;
- Whether parole is in the interests of the community; and
- How well the inmate will reintegrate into society.
3. Parole

11. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
BOCSAR found that prisoners released on parole
were more likely to be reconvicted than those
released without supervision.
Monitoring trends in re-offending among offenders released from
prison, BOCSAR (2008)
Big recent parole cases:
Lim v State Parole Authority and NSW A-G (2010)
and
NSW A-G v Chiew Seng Liew (2012)
(both were about the murder of Dr Victor Chang)
The government resisted these decisions and the media were
outraged. But the parole decision should be based on the offender,
NOT whether the victim happened to be a famous surgeon.
3. Parole

12. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
But our system might be changing…
In 2013, the NSW Law Reform Commission was given the job of
investigating our parole system in NSW to see how it could be improved.
Just like the ‘Criminal Appeals’ report, their Parole report probably
won’t be released until the end of 2014 (but keep checking the
facebook page to see if there are any releases of ‘discussion papers’ or
major submissions from the public).
3. Parole

13. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
Terminology problem…
There are 2 types of ‘preventative detention’
1. Arresting and detaining someone without charging them
e.g. The Terrorism (Police Powers) Amendment (Preventative Detention) Act 2005, which
allows a person not charged with any offence to be kept in prison up to 14 days, which is
similar to the Commonwealth law used in the Haneef case)
2. Keeping an offender in prison after their sentence is finished.
The SECOND one is what we’re looking at here (I assume,
because it is under ‘POST-sentencing considerations’)
4. Preventative Detention

14. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
Terminology SOLUTION…
We won’t call it ‘preventative detention’ when it’s the one after the
prisoner has served his sentence
(that 2nd type of)
4. Preventative Detention

15. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
Major cases and legislation:
Kable v DPP (1995) - Kable stabbed his wife; was
about to be let out on parole after serving his
sentence; the press found out he had sent
threatening letters to his dead wife’s sister; NSW
Parliament violated the separation of powers and
passed a law called the Community Protection Act
1994 (NSW) which was literally passed just to keep
HIM in jail; he appealed it; he won; he’s out now.
When prisoners are kept in prison AFTER they
have finished their sentence.
The issue of continued detention has been
highly controversial in Australia recently.
5. Continued Detention

16. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
When prisoners are kept in prison AFTER they
have finished their sentence.
The issue of continued detention has been
highly controversial in Australia recently.
Major cases and legislation:
The Dangerous Prisoners (Sexual Offenders) Act
2003 (QLD) and the case Fardon v Attorney-
General (QLD) (2004) (where the law WAS found to
be lawful because it wasn’t just made for one
person).
He was finally released despite appeals from the
government at the end of 2013.
5. Continued Detention

17. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
When prisoners are kept in prison AFTER they
have finished their sentence.
The issue of continued detention has been
highly controversial in Australia recently.
5. Continued Detention
Major cases and legislation:
The Crimes (Serious Sex Offenders) Act 2006
(NSW) and the case Tillman (2007)
This was heavily criticised in the article ‘No exit: Sex
Offenders Jailed for All Time’ (SMH, 2008).

18. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
When prisoners are kept in prison AFTER they
have finished their sentence.
The issue of continued detention has been
highly controversial in Australia recently.
5. Continued Detention
Justice Kirby (in the High Court) said this was
ridiculous and refused to go along with all the
other judges in allowing this law to remain.
"In Australia, such punishment … is not
available for crimes that are feared,
anticipated or predicted to occur in the future,
on evidence that is notoriously unreliable and
otherwise would be inadmissible, and by
people who do not have the gift of prophesy."

19. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
When prisoners are kept in prison AFTER they
have finished their sentence.
The issue of continued detention has been
highly controversial in Australia recently.
5. Continued Detention
But it’s not just for serious sex offenders anymore…
Like most changes to the law made for “special cases”, the NSW
government has expanded the law to include other offenders.
There is very little to stop future governments from expanding this
further, until prisoners are regularly kept in jail after their entire
sentence.

20. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
When prisoners are kept in prison AFTER they
have finished their sentence.
The issue of continued detention has been
highly controversial in Australia recently.
5. Continued Detention
But it’s not just for serious sex offenders anymore…
Crimes (Serious Sex Offenders)
Amendment Act 2013
Crimes (Serious Sex Offenders)
Act 2006
Crimes (HIGH RISK Offenders)
Act 2006!!!

21. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
The Crimes (HIGH RISK Offenders) Act allows a
single judge to keep someone in jail (after being
convicted of, say, conspiring to bash someone)
WITHOUT even being 50% sure in his or her
head that the person may reoffend.
Theoretically, it’s possible that they could keep
someone in jail, possibly forever, for
CONSPIRING to commit a crime WHEN THEY
WERE A KID - that's nuts.
When prisoners are kept in prison AFTER they
have finished their sentence.
The issue of continued detention has been
highly controversial in Australia recently.
5. Continued Detention

22. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
Once someone who has committed a sexual
offence against a child (or children) is released from
jail, they have to register as a sex offender (under
the Child Protection (Offenders Registration) Act
2000 (NSW) and similar laws in every State and
Territory.
They are then put on the Australian National Child
Offender Register (ANCOR) for at least 8 years (if
they’re an adult).
6. Sex Offenders Registration

23. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
In W.A. in 2012, the government brought in a semi-public list of sex
offenders on the internet (you can search your local area, or request to
find out whether a specific person is on the list).
CONTROVERSIAL ISSUES:
1. Is there a fair balance between the rights of offenders and society.
2. There is also a question of the program’s effectiveness in preventing
future sexual assaults (which is difficult to tell).
- Moral Panic: does public registration of sex offenders work? (Crikey 2012)
- Stress on sex offenders increases risk of re-offending (SMH 2012)
6. Sex Offenders Registration

24. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
Non-citizens who have been in
Australia less than 10 years and were
sentenced to more than 12 months
imprisonment can be deported (sent
back to their home country).
7. Deportation
This is done under the Migration Act, usually because
a person convicted of a crime like this and put in
prison for more than a year now fails the ‘character
test’ that non-citizens have to pass in order to stay in
the country

25. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
PROBLEM: The decision is often made by the
Immigration Minister, and it
can’t be reversed by the courts.
The decision to permanently remove someone from the country
without giving them the right to appeal the decision OR need for the
decision to be based on any facts is SCARY! This was definitely a
problem in the Haneef case, where he was deported due to public
opinion and politics instead of actually being of bad character…
7. Deportation

26. POST-SENTENCING
CONSIDERATIONS
Including
Security classification
Protective custody
Parole
Preventative detention
Continued detention
Sex offenders registration
Deportation
7. Deportation
Recent big cases:
1. Choon Tee Lim (2010) and Chiew Seng Liew (2012) (who were
convicted of the murder of Victor Chang, served around 20 years
and were deported)
1. Muhamed Haneef (2007) (who, it turned out, had not committed
any crime, but had his visa cancelled anyway, making staying in
Australia illegal).