Serious crime prevention orders

Elyse Methven, David Carter

Research output: Contribution to journalArticle

Abstract

Successive reforms in New South Wales ('NSW') have established far-reaching powers to curtail the liberties of those who were once convicted of various serious sexual and violent offences. Now, these powers have been significantly expanded, with the Executive Government asserting the ability to control the free movement, speech, association and work of NSW citizens and businesses via Serious Crime Prevention Orders ('SCPOs') under the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW). This Comment surveys substantive and procedural aspects of SCPOs. We situate the orders as part of a continuing expansion of administrative detention and supervision regimes of a hybrid, quasi-criminal nature. We question whether the powers go too far by increasing the State's powers to surveil and control a person's or business's activities under the justification of preventing crime. We also canvass the possibility that SCPOs will operate in a punitive (not merely preventative) manner.
Original languageEnglish
Pages (from-to)227-238
Number of pages12
JournalCurrent Issues in Criminal Justice
Volume28
Issue number2
Publication statusPublished - 2016

Keywords

  • Serious Crime Prevention Orders
  • preventive detention
  • risk-based jurisprudence
  • New South Wales
  • administrative detention

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