The Law Council of
Australia believes that detention should only occur following a
person's conviction for an offence. They support the
Independent National Security Legislation Monitor's
(INSLM) recommendation to abolish the power to make
Continuing Detention Orders (CDOs).
What are Continuing Detention Orders (CDOs)?
CDOs are a type of post-sentence order that a court can make
under Division 105A of the Criminal Code Act 1995 (Cth). CDOs allow
the detention of an individual based on the prediction that they
may commit a future terrorism offence.
Under the CDO regime, a person who serves a prison sentence for
a terrorism offence can be subject to ongoing detention for a
period of up to three years. This period can extend indefinitely,
subject to periodic reviews. Individuals not convicted but who the
Court deems to pose an unacceptable risk of committing a terrorism
offence in the future may also find themselves with a CDO.
