Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion.
In Australiavarious states and territories have adopted habitual offender legislation.
New South Wales[ edit ] Under the provisions of the Habitual Criminals Act NSWan offender can be designated a habitual criminal and given an additional protective sentence of between five and 14 years imprisonment.
The offender must be at least 25 years of age, have served sentences for at least two indictable offenses, and the sentencing judge must decide that preventive detention is required to protect the public. A judge must consider the potential of future harm that could be caused by offenders, the circumstances of their offenses, medical and psychiatric opinion and any other matters of relevance.
The decision passed by the court is not reviewable; the indeterminate sentence s commence upon the expiration of any determinate sentence imposed and release is by way of an order from the Supreme Court. The indeterminate sentence s commence upon the expiration of any determinate sentence imposed, and release is through a Supreme Court Order or at the discretion of the Governor.
In South Australia, the indeterminate sentence s commence upon the expiration of any determinate sentence imposed, and are reviewed every three years after that.
Release is only by way of an order from the Supreme Court. The indeterminate sentence s must be reviewed by the court when the nominal sentence the minimum term the offender would have been required to serve if they were not dangerous has expired, and every three years after.
An offender can be incarcerated indeterminately if there is a high probability, given the offender's character, the nature of their offense, psychiatric evidence as to the dangerousness of the defendant, and any other relevant circumstances, that the offender poses a serious threat to the community.
The longest nominal sentence on sentence s of indeterminate imprisonment is 30 years, currently being served by serial pedophile Geoffrey Robert Dobbs Queenslandwho pleaded guilty to sex offences and one count of attempting to pervert the course of justice committed against 63 girls aged between one month and 15 years including five family members under his care as a teacher and youth leader from to The law was repealed after a Law Commission Report of found it to be erratically applied and was often used against non-violent and non-dangerous offenders.
InPart XXIV of the Criminal Code was enacted for habitual offenders, providing for indeterminate or determinate sentences for offenders found to be dangerous who would be eligible for parole after three years and has the authority to extend such indeterminate non-parole period at any time.
Afterthe Allied military governments did not contest this law, and its regulations were taken over in into the German penal code Strafgesetzbuch. Inthe liberalization of civil and penal law made it more difficult to impose preventive detention and other measures.
Contrary to the situation in the USA, the discretion lies with the sentencing judge.
Hungary[ edit ] In Hungarythe Fidesz -dominated new parliament changed the Penal Code, introducing a "three-strikes law" for repeat offenders  on June 8, The change has been signed into law. After Independence, the leaders and social reformers paid attention to this problem.
Inthe Central government appointed a committee to study the utility of the existence of this law. The committee viewed that the act was against the spirit of the Indian Constitution.
It recommended suitable steps to be taken for amelioration of the pitiable conditions of the Criminal Tribes rather than stigmatising them as criminals. As a result, the Criminal Tribes Act of was repealed in and the Habitual Offenders Act was enacted in its place.
According to the Habitual Offenders Act, a habitual offender is one who has been a victim of subjective and objective influences and has manifested a set practice in crime, and also presents a danger to the society in which they lives.
The Habitual Offenders are usually hardened criminals whose major part of life has been spent in jails. It is because they commit offences at frequent intervals and are sent back to jail.An Act to provide for preventive detention of Slumlords, Bootleggers and Drug- offenders, for preventing their dangerous activities prejudicial to the maintenance of public order.
In that context, the civil commitment model provided a ready vehicle for preventive incarceration of offenders deemed “too dangerous to release” in a legal context free of the confining constraints of the criminal justice system.
Part II of this Article details the growing use of preventive detention of sex offenders at the state and federal levels and the statutory structure that has made such detentions possible.
possibly lifelong) preventive detention for offenders deemed dangerous (particularly violent and sexual offenders). 5 In the court hearings, the German Federal Ministry of Justice presented an interesting argument to the European.
The Civil Commitment of Sex Offenders Zonana, Howard Science is being placed at the core of the debate about whether sex offender commitment laws are a legitimate exercise of the state's civil authority or are illegitimate preventive detention. In Australia preventive detention orders and prohibited conduct orders are two mechanisms available under criminal law for addressing terrorism concerns and dangerous sex offenders.
The preventive detention order permits detention of a person for a short period of time (upto 48 hours) subject to certain procedural rights.