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ARTICLE · 24 OCTOBER 2022

Continuing detention orders in New South Wales

The State can apply for a continuing detention order to detain a prisoner past the expiration of his or her sentence.

AustraliaCriminal Law

KEY TAKEAWAYS

A continuing detention order gives the State of NSW power to apply to the Supreme Court for the continual detention of a detained offender past the expiration of his or her original imprisonment sentence provided certain factors are satisfied. An application for a continuing detention order against a detained offender who is serving an imprisonment sentence for a serious offence or an offence of a sexual nature cannot be made more than 9 months before the end of his or her total sentence. Further continuing detention order can be imposed following the expiration of an existing one.

Here is more on extended supervision orders in New South Wales.

The High Court of Australia has recently upheld the validity of a West Australian law relating to preventive or 'continuing' detention of inmates.

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