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1
McGaughey, Fiona, Tamara Tulich, and Harry Blagg. "UN decision on Marlon Noble case: Imprisonment of an Aboriginal man with intellectual disability found unfit to stand trial in Western Australia." Alternative Law Journal 42, no. 1 (March 2017): 67–70. http://dx.doi.org/10.1177/1037969x17694790.
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On 23 September 2016, the United Nations (UN) Committee on the Rights of Persons with Disabilities found that the Australian government had breached its obligations under the UN Convention on the Rights of Persons with Disabilities. The case against Australia was brought by Marlon Noble, an Aboriginal man with an intellectual disability who was charged with sexual assault but found unfit to stand trial under the Mentally Impaired Defendants Act 1996 (WA). He was imprisoned indefinitely in 2001 and has been held in civil detention in the community since 2012. This article analyses the current policy and legislative context in Western Australia on this issue and reflects on Australia’s previous responses to individual human rights complaints to UN Committees.
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Gooding, Piers, Anna Arstein-Kerslake, Sarah Mercer, and Bernadette Mc Sherry. "Supporting accused persons with cognitive disabilities to participate in criminal proceedings in Australia: Avoiding the pitfalls of unfitness to stand trial laws." Law in Context. A Socio-legal Journal 35, no. 2 (December 1, 2017): 64–84. http://dx.doi.org/10.26826/law-in-context.v35i2.15.
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In the 10 years since Australia has ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD), the issue of the indefinite detention of persons with cognitive disabilities found unfit to stand trial has received considerable attention. Concerns have been raised by national media, law reform bodies and United Nations human rights agencies. Yet there remain few examples of formal change to unfitness to stand trial laws in Australia. This article focuses on the role of procedural accommodations in meeting CRPD requirements, and other accessibility measures to ensure accused persons with cognitive disabilities are able to take part in criminal proceedings on an equal basis with others. It examines support measures that appear in existing statute and case law within Australia and considers the need to develop new forms of support.
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O'Loughlin, Geoffrey, Simon Beecham, Stephen Lees, Lawrence Rose, and Douglas Nicholas. "On-site stormwater detention systems in Sydney." Water Science and Technology 32, no. 1 (July 1, 1995): 169–75. http://dx.doi.org/10.2166/wst.1995.0038.
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On-site stormwater detention (OSD) requirements are applied by most municipalities in Sydney, Australia. Persons redeveloping properties served by existing drainage systems must provide storages for stormwater, to compensate for increased runoff from the new development. While OSD is widely accepted, procedures differ considerably between municipalities. Many designers criticise guidelines and design methods, and express doubts about the maintenance and economy of OSD systems. This paper surveys the application of OSD in Sydney, describes typical installations, and reviews their effectiveness. It sets out the main arguments for and against OSD systems, discusses alternatives, and indicates how systems and procedures will evolve in the future.
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Henderson, Emma, Nicole Shackleton, and Stephanie Falconer. "Reformative and rehabilitative programs for prisoners with cognitive impairments: Australia’s international obligations." Alternative Law Journal 42, no. 2 (June 2017): 102–6. http://dx.doi.org/10.1177/1037969x17710615.
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While there has been much recent controversy relating to the abusive treatment of young prisoners and the failure of the State to properly facilitate the rehabilitation and reformation of young detainees, little attention has been paid to similar failures in relation to prisoners with cognitive impairments. In this article, we argue that Article 10.3 of the International Covenant on Civil and Political Rights and Article 26 of the Convention on the Rights of Persons with Disabilities require Australia to ensure that the conditions of detention of all prisoners are primarily reformative and rehabilitative. Analysing relevant jurisprudence, we argue that Australia is systematically failing to meet its human rights obligations to prisoners found ‘not guilty’ by reason of mental impairment.
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Silove, Derrick, and Sarah Mares. "The mental health of asylum seekers in Australia and the role of psychiatrists." BJPsych International 15, no. 3 (July 17, 2018): 65–68. http://dx.doi.org/10.1192/bji.2018.11.
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There are more displaced people around the world than ever before, and over half are children. Australia and other wealthy nations have implemented increasingly harsh policies, justified as ‘humane deterrence’, and aimed at preventing asylum seekers (persons without preestablished resettlement visas) from entering their borders and gaining protection. Australian psychiatrists and other health professionals have documented the impact of these harsh policies since their inception. Their experience in identifying and challenging the effects of these policies on the mental health of asylum seekers may prove instructive to others facing similar issues. In outlining the Australian experience, we draw selectively on personal experience, research, witness account issues, reports by human rights organisations, clinical observations and commentaries. Australia’s harsh response to asylum seekers, including indefinite mandatory detention and denial of permanent protection for those found to be refugees, starkly demonstrates the ineluctable intersection of mental health, human rights, ethics and social policy, a complexity that the profession is uniquely positioned to understand and hence reflect back to government and the wider society.
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Corcoran, Tim, Julie White, Kitty te Riele, Alison Baker, and Philippa Moylan. "Psychosocial justice for students in custody." Journal of Psychosocial Studies 12, no. 1 (July 1, 2019): 41–56. http://dx.doi.org/10.1332/147867319x15608718110899.
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Availability to quality education is significantly beneficial to the life prospects of young people. In particular, for young people caught up in the justice system, it is argued that involvement in education reduces risk of further criminality and improves a person’s prospects for future community engagement. This paper overviews a recent study undertaken in the Australian state of Victoria. The study worked with project partner, Parkville College, the government school operating inside the state’s two detention centres, to examine what supports and hinders education for students in custody. Amongst other purposes, education should be about the pursuit of justice and if accepted as an ontological opportunity, education can invite the pursuit of a particular kind of justice ‐ psychosocial justice. Subsequently, psychosocial theory applied to educational practice in youth detention is inextricably linked to issues concerning justice, both for how theory is invoked and ways in which practice is enacted. The paper first introduces the concept of psychosocial justice then hears from staff connected to Parkville College regarding issues and concerns related to their work. As shown, education for incarcerated young people, not just in Australia but internationally, is enhanced by contributions from psychosocial studies providing a means to pursuing justice informed by a politics of psychosocialism.
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Dastyari, Azadeh, and Daniel Ghezelbash. "Asylum at Sea: The Legality of Shipboard Refugee Status Determination Procedures." International Journal of Refugee Law 32, no. 1 (February 29, 2020): 1–27. http://dx.doi.org/10.1093/ijrl/eez046.
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Abstract Austria and Italy have recently proposed that processing the protection claims of asylum seekers attempting to cross the Mediterranean should take place aboard government vessels at sea. Shipboard processing of asylum claims is not a novel idea. The policy has been used for many years by the governments of the United States and Australia. This article examines the relevant international law, as well as State practice and domestic jurisprudence in the United States and Australia, to explore whether shipboard processing complies with international refugee and human rights law. It concludes that, while it may be theoretically possible for shipboard processing to comply with international law, there are significant practical impediments to carrying out shipboard processing in a manner that is compliant with the international obligations of States. Current practices in the United States and Australia fall short of what is required. Nor is there any indication that the Austrian/Italian proposal would contain the required safeguards. It is argued that this is by design. The appeal of shipboard processing for governments is that it allows them to dispense with the safeguards that asylum seekers would be entitled to if processed on land. Best practice is for all persons interdicted or rescued at sea to be transferred to a location on land where they have access to effective status determination procedures and are protected from refoulement and unlawful detention.
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Antolak-Saper, Natalia. "The Adultification of the Youth Justice System: The Victorian Experience." Law in Context. A Socio-legal Journal 37, no. 1 (November 24, 2020): 99–113. http://dx.doi.org/10.26826/law-in-context.v37i1.118.
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In early 2018, an Inquiry into Youth Justice Centres in Victoria (Inquiry) found that a combination of a punitive approach to youth justice, inadequate crime strategies, and a lack of appropriately trained and experienced staff at youth justice centres, greatly contributed to the hindrance of the rehabilitation of young persons in detention in Victoria, Australia. In addition to identifying these challenges, the Inquiry also determined that the way in which young offenders have been described by politicians and portrayed in the media in recent times, has had a significant impact on shaping youth justice policies and practices. This article specifically examines the role of the media in the adultification of the Victorian youth justice system. It begins with a historical examination of youth justice, drawing on the welfare model and the justice model. This is followed by a discussion of the perception and reality of youth offending in Victoria. Here, it is demonstrated that through framing, the media represents heightened levels of youth offending and suggests that only a ‘tough on crime’ approach can curb such offending; an approach that has been adopted by the Victorian State Government in recent years. Finally, the article considers how recent youth justice reforms are examples of adultification, and by not adequately distinguishing between a child and adult offender, these reforms are inconsistent with the best interests of the child.
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Opeskin, Brian, and Daniel Ghezelbash. "Australian Refugee Policy and its Impacts on Pacific Island Countries." Journal of Pacific Studies 36, no. 1 (2016): 73–89. http://dx.doi.org/10.33318/jpacs.2016.36(1)-5.
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Refugees present an immense challenge globally but until recently Pacific Island Countries (PICs) have been relatively sheltered from this phenomenon. However, changes to Australia’s border security and refugee policies in recent years have significant implications for the Pacific because of Australia’s determination to prevent asylum seekers from arriving by boat in Australian territory. This article examines Australia’s so-called ‘Pacific Solution’, which entails the transfer of asylum seekers to camps in Nauru and Papua New Guinea, where they are detained pending determination of their refugee status and ultimate resettlement. The social impacts of Australia’s policies include the heightened tensions that arise from establishing large detention facilities in small island communities, and the social costs of resettling persons who are found to be refugees among poor local populations. Australia’s policies also have other impacts on PICs. Australia’s selective allocation of foreign aid and other funds make PICs vulnerable to pressure from its developed neighbour, and create the danger that Australia’s perceived ‘problem’ with unauthorised boat arrivals is being shifted to acquiescent countries in the Pacific.
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McCulloch, Jude, and Joo-Cheong Tham. "Secret State, Transparent Subject: The Australian Security Intelligence Organisation in the Age of Terror." Australian & New Zealand Journal of Criminology 38, no. 3 (December 2005): 400–415. http://dx.doi.org/10.1375/acri.38.3.400.
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This article describes the secrecy provisions embodied in the Australian Security Intelligence Organisation Legislation Amendment Act 2003 (Cwlth). The article explains how these provisions curb freedom of speech and remove ASIO's activities from the domain of public scrutiny. It argues that by effectively criminalising open discussion of ASIO's activities the provisions insulate much of the domestic ‘war on terror’ from the public gaze. It also argues that the provisions implicitly sanction lawlessness by ASIO in open breach of the rule of law. By undermining free speech and the rule of law, this legislation increases the risk of torture of persons detained by ASIO. The legislation also exacerbates the punitiveness of such detention. Moreover, the secrecy offences will distort Australian politics by enabling the government to control and manipulate ‘security’ information. The article concludes that the increase in state secrecy and its impact are part of a continuing shift in the relative distribution of power between state and subject in liberal democracies; a shift that signals a move to more repressive or authoritarian forms of rule.
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Hayes, Susan, and Douglas Farnill. "Correlations for the Vineland Adaptive Behavior Scales with Kaufman Brief Intelligence Test in a Forensic Sample." Psychological Reports 92, no. 2 (April 2003): 573–80. http://dx.doi.org/10.2466/pr0.2003.92.2.573.
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People with an intellectual disability are over-represented in the criminal justice system in many western countries. Identifying accused persons with intellectual disability is important if they are to receive protections available under the law. Accurate diagnosis is also relevant for correctional administrators, probation and parole services, and community services. Diagnosis of intellectual disability must be made on the basis of both cognitive skills (intelligence) and adaptive behavior. In this study, the Kaufman Brief Intelligence Test assessed intelligence, and the Vineland Adaptive Behavior Scales assessed adaptive behavior, through self-report. Tests were administered to 150 offenders, ranging in age from 13 to 53 years, in Australian prisons, juvenile detention centers, legal aid offices, and probation services. Pearson product-moment correlation coefficients calculated among all subtests and between total scores were significant. ROC curve analyses demonstrated that performance on each effectively predicted a standard score of less than 70 on the other one.
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Ragg, Mark. "Australia: Detention of sociopaths." Lancet 340, no. 8811 (July 1992): 106. http://dx.doi.org/10.1016/0140-6736(92)90412-v.
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Nethery, A., B. Rafferty-Brown, and S. Taylor. "Exporting Detention: Australia-funded Immigration Detention in Indonesia." Journal of Refugee Studies 26, no. 1 (December 7, 2012): 88–109. http://dx.doi.org/10.1093/jrs/fes027.
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Sabaeva, S. V. "Places of Forced Detention under the Jurisdiction of the Ministry of Internal Affairs of Russia." Actual Problems of Russian Law 17, no. 12 (November 19, 2022): 68–83. http://dx.doi.org/10.17803/1994-1471.2022.145.12.068-083.
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The paper is devoted to the study of detention, conditions of medical care, nutrition, visiting rights as well as other rights of persons in places of forced detention under the jurisdiction of the Ministry of Internal Affairs of Russia. The author determines the features of the legal status of these persons in relation to their location: 1) in a report room of a police station; 2) in a special reception center for detention of persons under administrative arrest; 3) in a temporary detention facility for suspects and the accused; 4) in a temporary detention center for juvenile offenders; 5) in a temporary detention center for foreign citizens or stateless persons subject to administrative expulsion from the Russian Federation. Results of the analysis of federal laws and administrative and legal acts made it possible to conclude that it is advisable to develop a single standard of detention conditions and ensuring the rights of persons in centers of short-term detention. The author proposes the structure of the Standard which can be prepared on the basis of international standards and that can be of a methodological nature.
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Makarov, Andrey N. "CRIMINOLOGICAL PORTRAIT OF A PERSON COMMITTING ILLEGAL ACTS IN PLACES OF FORCED DETENTION OF INTERNAL AFFAIRS BODIES." LEGAL ORDER: History, Theory, Practice 41, no. 2 (June 28, 2024): 179–85. http://dx.doi.org/10.47475/2311-696x-2024-41-2-179-185.
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The following categories of persons may be held in places of forced detention of internal affairs bodies: persons detained on suspicion of committing crimes; suspects and accused of committing crimes against whom a preventive measure in the form of detention has been chosen and persons sentenced to imprisonment. The main purpose of the functioning of places of forced detention is to ensure that a person in such an institution does not have the opportunity to further commit illegal acts, including crimes. But, often, this goal is not always achieved. Some persons in places of forced detention commit illegal actions of various nature and severity of consequences. At the same time, these persons may belong to the category of persons forcibly placed in these institutions and to the category of employees serving and working in these institutions. In order to prevent this, it is necessary to carefully study the identity of a person who is in places of forced detention of internal affairs bodies, make up his criminological portrait and choose the necessary tactics to combat crime in such places.
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Ustyanceva, Anastasiya D. "To the question of respect for the rights and legitimate interests of persons in places of detention." Yugra State University Bulletin 12, no. 1 (April 15, 2016): 240–44. http://dx.doi.org/10.17816/byusu2016121240-244.
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The article deals with the problems of observance of the rights and legitimate interests of persons in places of detention. The author of this article reveals the urgency of the problems of observance of rights and legitimate interests of persons in places of detention and assess current state. The author outlined the main activities of law-enforcement and other bodies to ensure the rights and legitimate interests of persons in places of detention.
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Karavaev, I. V. "Detention and Remand in Custody: Comparative Legal Analysis." Actual Problems of Russian Law 15, no. 3 (April 9, 2020): 145–53. http://dx.doi.org/10.17803/1994-1471.2020.112.3.145-153.
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The paper analyzes the legal regulation of detention in custody of persons confined on suspicion of committing a crime, as well as of persons in respect of whom a measure of restriction in the form of remand in custody was chosen. The norms of the Federal Law “On detention in custody of suspects and accused of committing crimes”, as well as the Criminal Procedure Code of the Russian Federation relating to these relations are considered. The differences between the two types of custody are investigated: “detention” and “remand in custody”. The author identifies six fundamental criteria underlying the difference between the two types of custody: the grounds for the detention; a person or body authorized to decide on detention in custody; duration of custody; custodial facility; legal status of persons in custody; grounds for release. It is concluded that it is necessary to revise the Federal Law "On detention in custody of suspects and accused of committing crimes", changing its structure on the basis that the law actually regulates two independent processes: taking into custody when detaining a person and detention in custody when choosing a measure of restriction in the form of remand in custody.
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Anderson, Sean, and Jennifer Ferng. "The Detention-Industrial Complex in Australia." Journal of the Society of Architectural Historians 73, no. 4 (December 1, 2014): 469–74. http://dx.doi.org/10.1525/jsah.2014.73.4.469.
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Loff, Bebe. "Detention of asylum seekers in Australia." Lancet 359, no. 9308 (March 2002): 792–93. http://dx.doi.org/10.1016/s0140-6736(02)07887-x.
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Freckelton QC, Ian. "Indefinite Detention in Australia: The Ongoing Risk of Governor's Pleasure Detention." Psychiatry, Psychology and Law 21, no. 4 (July 4, 2014): 469–74. http://dx.doi.org/10.1080/13218719.2014.934766.
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Ишков, Юрий Владимирович, Yuriy Vladimirovich Ishkov, Владимир Сторожук, and Vladimir Anatolyevich Storozhuk. "Medical-social and organizational legal aspects of ensuring safety of persons contained in detention centers of penitentiary system of Russia." Vestnik of Astrakhan State Technical University 2019, no. 2 (November 19, 2019): 68–76. http://dx.doi.org/10.24143/1812-9498-2019-2-68-76.
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The article discusses the medical, social, organizational and legal problems of ensuring the safety of persons kept in pre-trial detention centers of the penal system. The ever-increasing influence of the criminal environment on the individuals kept in the Russian pre-trial detention centers has been stated. Among the appointed problems there have been emphasized the socio-demographic and criminogenic factors (deterioration of the criminogenic composition of the persons kept in pre-trial detention centers of the Federal Penitentiary Service) as the most significant ones. The rights of the suspects and the accused, the circumstances of their detention in sentences serving facilities, measures preventing crimes against the person have been listed. A particular attention is paid to ensuring the health of the contingent in the pre-trial detention centers
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Kovalevskyi, A. V. "PECULIARITIES OF DETENTION OF PERSONS FOR CRIMINAL OFFENSES COMMITTED ON THE GROUNDS OF RACIAL, NATIONAL OR RELIGIOUS INTOLERANCE." Scientific Herald of Sivershchyna. Series: Law 2022, no. 2 (July 12, 2022): 80–88. http://dx.doi.org/10.32755/sjlaw.2022.02.080.
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The author considers the features of criminal offenses in the article, which are related to extremism based on a comprehensive analysis based on previous studies of national scientists in which there is no consensus on the signs of intolerance draws conclusions and characterizes such acts, identifies their individual characteristics. Particular attention is paid to the detention conditions while realization of the preventive measures in the form of detention of such categories of persons accused of committing crimes on the grounds of racial, national or religious intolerance, which is important in the field of human rights, in isolation, overcoming discrimination against all its manifestations and ensuring personal safety. The author emphasizes that the pre-trial detention centers of the State Criminal and Executive Service of Ukraine are an institution for the implementation of a preventive measure in the form of detention, so considerable attention should be paid to the reception and placement of this category of prisoners. The article offers proposals for improving national legislation to allocate this category of persons to a separate group. It is concluded that attention is not paid enough to the personal safety of the personnel of penitentiary institutions. A number of specific issues have been clarified, namely the recommendations of the personnel of penitentiary institutions in which such persons are detained. Personnel should be careful and vigilant in dealing with them, aware of their life directions, fanaticism, radical views of those under fire for committing criminal offenses based on racial, national or religious intolerance. Key words: pre-trial detention, detention on grounds of racial, national or religious intolerance, hatred, hostility, categories of persons, penitentiary institution, detention center, penitentiary system.
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Snitko, M. "FUNCTIONS OF THE REGIME OF EXECUTION AND SERVING OF CRIMINAL SENTENCES IN PENAL COLONIES AND PRE-TRIAL DETENTION CENTERS." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2023, no. 2 (April 10, 2024): 97–108. http://dx.doi.org/10.32755/sjcriminal.2023.02.097.
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The article examines the functions of the regime of execution and serving of criminal sentences in penal colonies and pre-trial detention centers. The author points out that the functions of the regime of execution and serving of criminal sentences in penal colonies and pre-trial detention centers are very important for ensuring the efficiency of their activities and safety. The article points out that the regime includes a number of basic functions aimed at achieving the goal of serving a sentence – correction, re-socialization of convicts and prisoners, and social adaptation of persons released from penal colonies and pre-trial detention centers. The article examines the types of functions and their significance. It is believed that the main purpose of the function is to reform convicted persons by forming new value orientations, and consolidating the norms of morality and law and order. It is noted that in correctional colonies and pre-trial detention centers, convicts are given the opportunity to receive education, vocational training and develop their skills. Such measures contribute to correction and prevent further illegal behavior of persons released from correctional colonies and pre-trial detention centers. Key words: penal institution, correctional colony, pre-trial detention center, convict, prisoner, legal status, punishment, regime, functions of the regime of execution and serving of sentences, correction, resocialization, prevention.
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Jengic, V. Sendula, and A. Jengic Bujan. "Psychiatric treatment of mentally ill persons in custody – legal, medical and ethical issues." European Psychiatry 64, S1 (April 2021): S380. http://dx.doi.org/10.1192/j.eurpsy.2021.1018.
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IntroductionThe most recent legal regulations in the Republic of Croatia govern the process of criminal procedure for persons in pre-trial detention who have a temporary mental disturbance for which psychiatric treatment is needed. The Prison Director is in this case obliged to seek psychiatric treatment for such persons who are then hospitalized in a psychiatric institution instead of a prison hospital or prison that meets the requirements prescribed by law for the accommodation of pre-trial detainees. Forensic departments of the five psychiatric hospitals in Croatia accept mentally incapable persons subject to court order, but not persons in custody, i.e. in pre-trial detention. Pre-trial detention is a measure imposed in the previous proceedings to ensure that the person to whom the measure is imposed is present during the pre-trial stage and the hearing stage, i.e. after the final judgment has been rendered until it becomes final. According to Croatian laws, a person who has been sentenced to pre-trial detention and who has mental disorders is entitled to a range of rights that must be respected, and at the same time, there are strict restrictions in exercising those same rights for the reason of sentencing to pre-trial detention.ObjectivesThe article points to several problems that have arisen in practice due to the under-regulation of pre-trial detention measures.MethodsPerspective, opinion, and commentary article.ResultsPerspective, opinion, and commentary article.ConclusionsThe authors discuss legal, medical, and ethical issues, but also the financial framework of such a process.
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Sikun, А. М. "CURRENT STATE OF IMPLEMENTATION OF THE RIGHT TO WORK BY PRISONERS IN DETENTION CENTERS." Scientific Herald of Sivershchyna. Series: Law 2023, no. 2 (July 7, 2023): 55–66. http://dx.doi.org/10.32755/sjlaw.2023.02.055.
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The article examines the issue of the current state of implementation of the right to work by prisoners held in remand detention centers of Ukraine. The concepts of prisoner and convict are given to distinguish them. It is being considered which categories of persons can be held in pretrial detention centers. The quantitative index of prisoners as of January 1, 2023 is presented in the article, who are held in pretrial detention centers and in penitentiary institutions that perform the function of pre-trial detention centers on the territory of Ukraine. The procedure for engaging prisoners to work is disclosed in accordance with the Law of Ukraine “On Pretrial Detention”, as well as the Rules of the Internal Procedures of Pretrial Detention Centers of the State Criminal and Executive Service of Ukraine. The comments and recommendations made by the European Committee for the Prevention of Torture, Inhuman or Degrading Treatment or Punishment during their visit to detention centers of Ukraine in different years are given. As an example, the decision of the European Court of Human Affairs, namely the European Committee for the Prevention of Torture, Inhuman or Degrading Treatment or Punishment, which indicates that the employment of prisoners, including providing them with certain work, should have a positive effect on their detention. In the article attention is focused on the complicated procedure of engaging in socially useful work of persons taken into custody in workshops and certain recommendations are given regarding its optimization. A proposal for the introduction of remote work in detention centers for prisoners is given, which in turn will fully expand the type of possible work for prisoners, as well as satisfy the problem of employment. The Strategy for the reform of the penitentiary system for the period until 2026 was considered, namely the issue of changing approaches to the involvement of convicts and persons taken into custody for gainful employment. Key words: prisoners, work of prisoners, employment, work, detention center, penitentiary institutions.
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Aldoghmi, Hamzah. "National and International Legal Guarantees of the Administrative Detention in Jordan." Political Sciences and Law Series 2, no. 3 (November 7, 2023): 171–204. http://dx.doi.org/10.59759/law.v2i3.291.
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Administrative detention is one of the tools used by the administration to maintain public order and to protect community security as an extrajudicial detention. Administrative detention enables local authorities to detain anyone who threatens public order, but without prejudice to his civil and personal liberties. According to the Crime Prevention Law of 1954, governors can take action against persons who are about to commit crimes or assist in the commission of crimes, as well as persons who have a habit of stealing, or who have a habit of protecting or harbouring thieves or helping to conceal or dispose of stolen goods. In accordance with the aforementioned law, governors can also take measures against anyone who is in a situation that makes his presence at large without bail a danger to people. However, although these measures are taken in accordance with the law, there are several national and international legal guarantees that should be considered to protect the rights of those persons. In January 2023, the Constitutional Court of Jordan examined the constitutionality of a number of articles of the Crime Prevention Law. The Court ruled that the law ensures to everyone the basic guarantees for challenging the administrative detention decisions, and ensures that the decisions fall within the principle of legality and the proper implementation of the law in order to achieve its purpose. The Constitutional Court ruling makes an insight on the importance of the guarantees for administrative detainees in the face of the legality of their detention. Using the descriptive method and the analytical approach, this study examines the legal framework of the national and international legal guarantees of the administrative detention in Jordan. It discusses the legal guarantees of administrative detention and the judicial control over administrative decisions that include administrative detention. Finally, the study concludes with a number of important results and practical recommendations.
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Newman, L. K., M. Dudley, and Z. Steel. "Asylum, Detention, and Mental Health in Australia." Refugee Survey Quarterly 27, no. 3 (January 1, 2008): 110–27. http://dx.doi.org/10.1093/rsq/hdn034.
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Holly, Gabrielle. "Challenges to Australia's Offshore Detention Regime and the Limits of Strategic Tort Litigation." German Law Journal 21, no. 3 (April 2020): 549–70. http://dx.doi.org/10.1017/glj.2020.26.
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AbstractAustralia's offshore detention regime has been the subject of numerous attempts to seek accountability for harm caused to detainees using legal and other avenues in Australia. This Article examines recent strategic litigation actions against the Australian government and the corporate contractors engaged in offshore detention, including: Kamasaee v. Commonwealth; AUB19 v. Commonwealth; and actions seeking injunctions requiring the Australian government to airlift detainees to Australia for medical treatment. While these actions have vindicated the rights of those in offshore detention in specific ways, and in some instances facilitated compensation for harms caused while in detention, none have proved capable of challenging the underlying basis of the offshore detention regime, nor of providing a foreseeable end to the detention, whether by facilitating credible prospects for resettlement, or by other means. The Article provides an account of the achievements and limitations of these claims and concludes that although certain features of the Australian jurisdiction make it possible to pursue transnational claims, and thus potentially provide remedy for those who have suffered wrongs in Australia's offshore detention regime, such claims need to be pursued with the utmost care and with careful consideration of the complexities of the Australian political and legal environment.
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Garceau, Marie-Luce. "La détention provisoire au Québec : une pratique judiciaire courante." Criminologie 23, no. 1 (August 16, 2005): 117–34. http://dx.doi.org/10.7202/017290ar.
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Little is known in Québec about detention before sentencing also known as provisionnel detention. This is a study of the population admitted to provisionnel detention between 1981 and 1985. The author presents the conceptual framework in which this study was undertaken and, with the help of statistical data, she draws a portrait of the population concerned. The author points out there is a disparity between the theory and practice of provisionnel detention. Furthermore, it is used disproportionately for marginal groups of detained persons.
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Doroclea, Andreea Denisa. "Detention." Eximia 12 (September 30, 2023): 180–202. http://dx.doi.org/10.47577/eximia.v12i1.354.
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Preventive measures at present may be ordered only if there is evidence or well-founded character from which there is a reasonable suspicion that the individual has committed a criminal act and is necessary to achieve the aim pursued by taking them. The categories of preventive measures, with the exception of detention and preventive arrest, are changed, defending judicial control, judicial control on bail and house arrest compared to the old regulation which referred to the obligation not to leave the locality and the obligation not to leave the country together with detention and preventive arrest. Procedural aspects are extremely important in this preventive measure, such as the communication under signature of the detained person, of his/her rights and obligations, the duration for which he/she can be detained and, in certain special cases, informing the diplomatic representatives of the state of which the suspect or accused person is a citizen. In the case of certain persons, the law also requires certain additional requirements to be met in order to order detention, such as in the case of deputies or senators or judges, prosecutors or assistant magistrates. The measure of detention is the most used preventive measure and that it has a particular effect on the suspect as well as on the course of the trial. As it has a special status, being the only measure that can only be ordered during criminal investigations, I think it is very important to be aware of it. Detention is a preventive measure in the procedure of which numerous procedural errors can occur, so we considered necessary a thorough study to clarify all aspects of this preventive measure.
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Dragojlović, Joko, and Ljubica Prica. "Critical Review of Decision on Detention and Rights of the Detained Person." Kultura polisa 19, no. 4 (December 21, 2022): 100–123. http://dx.doi.org/10.51738/kpolisa2022.19.4r.100dp.
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By detention, in the pre-investigation procedure, one person is deprived of his liberty, which results in limited freedom of movement of that person, with the simultaneous establishment of other restrictions on the detained person. An arrested person, as well as a suspect, can be detained. These persons are detained on the basis of a decision on detention, which is announced, made and served by the public prosecutor, or upon his approval by the police. According to this decision, the detention of a person can last for a maximum of 48 hours. Bearing in mind that this formal act restricts the detained person's proclaimed right to freedom for the purpose of unhindered conduct of criminal proceedings, while freedom of movement is one of the basic human rights in a democratic society, this clearly shows the importance of the legal treatment of the authorities in the pre-investigation procedure towards the detained person, as and the legality of the detention decision itself. In order for the detention of a person to be justified, it must be legal in both material and procedural terms. Otherwise, there would be a legal basis for the detained person to claim damages, due to the arbitrary detention made against him by the authorities. This article points out the formal-legal determinations of the decision on detention, and the rights of adult persons who have been detained for a hearing, with the aim of pointing out some perceived shortcomings after conducting research and analyzing data from the decision on detention and proposing some legal improvements.
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Musiichuk, Maria, and Elizaveta Shuleva. "The Dynamics of Mental States of People Under Investigation." Всероссийский криминологический журнал 12, no. 6 (December 24, 2018): 874–84. http://dx.doi.org/10.17150/2500-4255.2018.12(6).874-884.
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The relevance of the results of this empirical research is based on a number of factors. Firstly, the knowledge of the causes and dynamics of different psychological states makes it possible to single out psychological patterns emerging in similar circumstances, accurately predict the behavior of the person under investigation, identify atypical situational or accidental conditions, and avoid mistakes in their description. Secondly, the study of mental states of a person deprived of liberty is valuable for the organization of the whole correctional process and the development of recommendations on preventing the destructive behavior of persons under investigation when it is caused by their mental state. The study touches upon little-studied issues of changes in the mental states of persons put in the temporary detention facilities. The analysis of the obtained data showed that longer periods spent in detention facilities lead to such negative changes in mental states of people under investigation as an increase of unmotivated anxiety, psycho-emotional tension, emotional lability, irritation, sadness, boredom, low spirits, poor well-being and activity, inmates develop sensory deprivation, frustration, hypoxia, and a deeper depression. At the same time, there is an increase in sociability, activity, and extraversion. Limitation of the freedom of actions and motor activity is compensated by a considerable increase in verbal activity, there is a greater desire for a trustful and open interaction with other people, a growth in self-criticism. To satisfy the need for communication and verbal activity, it is necessary to give people under investigation a chance to meet representatives of different religious denominations and the detention facility’s psychologist. After longer periods of detention persons under investigation begin to express characteristics typical of criminal behavior: boldness, inappropriate familiarity, tendency to take risks, resourcefulness, impatience, maximalism, love of freedom, courage and decisiveness. Time spent in a detention facility is most effective for optimizing the mental state of persons under investigation, developing constructive scenarios of serving a sentence and future successful re-socialization. When persons under investigation are transferred to penal colonies, their mental state is predicted to deteriorate.
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Koshiev, Nurbek Usenbekovich, and Ailen Dokturbekovna Adambekova. "PROCEDURAL FOUNDATIONS FOR DETENTION OF PERSONS IN SEARCH." Theoretical & Applied Science 60, no. 04 (April 30, 2018): 151–54. http://dx.doi.org/10.15863/tas.2018.04.60.29.
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Bull, Melissa, Emily Schindeler, David Berkeman, and Janet Ransley. "A Demography and Taxonomy of Long-term Immigration Detention in Australia." International Journal for Crime, Justice and Social Democracy 2, no. 1 (April 30, 2013): 98–112. http://dx.doi.org/10.5204/ijcjsd.v2i1.93.
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The practice of long-term immigration detention is a relatively recent aspect of Australian Government policy. There has been much debate about the wisdom of such policy, raising concerns regarding the health of detainees, the dereliction of human rights, and the legal robustness of such practice. Despite considerable interest, little detail is available describing who is being held and the reasons for their long-term detention. This paper addresses this noticeable gap through a systematic analysis of the Commonwealth Ombudsman’s Immigration Reports over the period 2005 through 2009. From such reporting it has been possible to produce a demographic profile of people held in Australian detention and to develop a taxonomy of the reasons contributing to the ongoing containment.
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Daly, Oscar E. "Detention – the grey area." Psychiatric Bulletin 13, no. 1 (January 1989): 12–13. http://dx.doi.org/10.1192/pb.13.1.12.
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In September 1978 the Government published a review of the Mental Health Act (1959). This review was prompted to a large degree by an increasing awareness of the rights of the mentally ill and by an awareness among psychiatrists of the limits of their management procedures. The proposals of this review were largely incorporated into the Mental Health Act (1983). Among the proposals so incorporated was one that persons could not be detained in hospital against their will for assessment or treatment “by reason only of promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol or drugs”.
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Wiseman, Martin, and Shannon O’Gorman. "Seeking Refuge: Implications when Integrating Refugee and Asylum Seeker Students into a Mainstream Australian School." Discourse and Communication for Sustainable Education 8, no. 1 (June 1, 2017): 53–63. http://dx.doi.org/10.1515/dcse-2017-0004.
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Abstract This article describes one school’s response to the inclusion and education of refugee and asylum seeker students within a mainstream educational setting. Australian government statistics released on 31 March 2016 stated that there were presently 50 children being held on Nauru, 17 children held in detention on the mainland and 317 children held in community detention on the mainland (ChilOut, 2016). Refugee and asylum seeking students are subject to the impact of war and conflict; the cumulative time spent in detention may severely limit a young person’s access to formal education. Whilst it is understood that children will benefit from access to education, the reality is that “little appears to have been written on asylum seekers” in an educational context (Reakes, 2007, p. 94). This represents a concern when it is acknowledged that “sustaining teachers in culturally and linguistically diverse schools has been a prominent issue for years” (Williams, Edwards, Kuhel, & Lim, 2016, p. 17). This article responds to the limitations of current literature by articulating considerations that would likely assist other schools seeking to establish similar inclusive frameworks. Specifically, the thematic grouping of staff observations seek to articulate the cultural considerations that likely influence the sustainability of an inclusive and liberating approach to integrative school enrolment. This paper draws on the authors’ observations and experiences in schools, the published literature and the observations of the two authors – specifically, drawing on their educational and therapeutic expertise. These observations are then grouped into themes outlined by Akinsulure-Smith and O’Hara (2012) as key reasons for therapeutic referral, namely: employment barriers, medical challenges, language barriers, social services and legal challenges.
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Campbell, Emma Jean, and Emily Jean Steel. "Mental distress and human rights of asylum seekers." Journal of Public Mental Health 14, no. 2 (June 15, 2015): 43–55. http://dx.doi.org/10.1108/jpmh-06-2013-0040.
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Purpose – This paper studies the experiences of asylum seekers in Australia. The purpose of this paper is to explore the relationship between mental wellbeing, living conditions, and Australia’s detention policies in light of human rights. Design/methodology/approach – Using grounded theory, data were collected via observations, semi-structured interviews, key-informant interviews, and document analysis. Participants included seven asylum seekers and three professionals working with them. Findings – In light of a human rights framework, this paper reports on the mental distress suffered by asylum seekers in detention, the environments of constraint in which they live, and aspects of detention centre policy that contribute to these environments. The findings highlight a discrepancy between asylum seekers’ experiences under immigration detention policy and Australia’s human rights obligations. Research limitations/implications – This research indicates human rights violations for asylum seekers in detention in Australia. This research project involved a small number of participants and recommends systemic review of the policy and practices that affect asylum seekers’ mental health including larger numbers of participants. Consideration is made of alternatives to detention as well as improving detention centre conditions. The World Health Organization’s Quality Rights Tool Kit might provide the basis for a framework to review Australia’s immigration detention system with particular focus on the poor mental wellbeing of asylum seekers in detention. Originality/value – This study links international human rights law and Australian immigration detention policies and practices with daily life experiences of suffering mental distress within environments of constraint and isolation. It identifies asylum seekers as a vulnerable population with respect to human rights and mental wellbeing. Of particular value is the inclusion of asylum seekers themselves in interviews.
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Tosif, Shidan, Hamish Graham, Karen Kiang, Ingrid Laemmle-Ruff, Rachel Heenan, Andrea Smith, Thomas Volkman, Tom Connell, and Georgia Paxton. "Health of children who experienced Australian immigration detention." PLOS ONE 18, no. 3 (March 9, 2023): e0282798. http://dx.doi.org/10.1371/journal.pone.0282798.
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Background Australian immigration policy resulted in large numbers of children being held in locked detention. We examined the physical and mental health of children and families who experienced immigration detention. Methods Retrospective audit of medical records of children exposed to immigration detention attending the Royal Children’s Hospital Immigrant Health Service, Melbourne, Australia, from January 2012 –December 2021. We extracted data on demographics, detention duration and location, symptoms, physical and mental health diagnoses and care provided. Results 277 children had directly (n = 239) or indirectly via parents (n = 38) experienced locked detention, including 79 children in families detained on Nauru or Manus Island. Of 239 detained children, 31 were infants born in locked detention. Median duration of locked detention was 12 months (IQR 5–19 months). Children were detained on Nauru/Manus Island (n = 47/239) for a median of 51 (IQR 29–60) months compared to 7 (IQR 4–16) months for those held in Australia/Australian territories (n = 192/239). Overall, 60% (167/277) of children had a nutritional deficiency, and 75% (207/277) had a concern relating to development, including 10% (27/277) with autism spectrum disorder and 9% (26/277) with intellectual disability. 62% (171/277) children had mental health concerns, including anxiety, depression and behavioural disturbances and 54% (150/277) had parents with mental illness. Children and parents detained on Nauru had a significantly higher prevalence of all mental health concerns compared with those held in Australian detention centres. Conclusion This study provides clinical evidence of adverse impacts of held detention on children’s physical and mental health and wellbeing. Policymakers must recognise the consequences of detention, and avoid detaining children and families.
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Tretiak, Yuliia, and Alina Kysil. "Regulatory frameworks and experience in designing interiors and equipment of premises for holding persons in isolation." Current problems of architecture and urban planning, no. 68 (March 29, 2024): 349–66. http://dx.doi.org/10.32347/2077-3455.2024.68.349-366.
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The article highlights the acute problem of the formation of architectural and object-spatial environments of penitentiary institutions in Ukraine. Today the correctional system in the state is improving and bringing Ukrainians closer to a safer and more tolerant society, but the problem of functioning of existing places of detention remains. Predominantly they are morally and materially obsolete buildings with problems of compliance with technical, sanitary, and hygienic standards, as well as the unsatisfactory functional and aesthetic organization of space. The article considers the problems of harmonizing the architectural environment of domestic correctional complexes, in particular, the design of interiors and furnishing of premises for the detention of persons deprived of their liberty. There is no objection that the complex design of a correctional facility building and interior design of premises for the detention of arrested (imprisoned) persons should be based on versatile requirements reflected in the normative documentation. Today in Ukraine there is a development of normative construction documentation for the design of premises for the detention (accommodation) of persons subject to isolation, based on the current state documents of the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, the State Migration Service and the like. This rather wide range of documents, relying in turn on international provisions, puts forward requirements not only for the design of sites and buildings for the detention of persons in isolation but also for a certain interior design and equipment of the premises. The study and analysis of the available examples of world experience in the design and construction of penitentiary institutions can show a direct link between the design of the premises where prisoners are kept and the methods of re-socialization and re-education, the positive results of which are an important goal of the functioning of such institutions in socio-economically developed countries. The experience of designing, constructing, and operating foreign prisons and correctional centers of various security levels has been studied and analyzed, and the peculiarities of interior design and equipment of premises (cells) for the detention of the contingent have been revealed. It was found that the more qualitative the process of socialization in a safe and humane environment of places of deprivation of liberty, the lower the percentage of recidivism achieved under the influence of this environment, the higher the justification of state expenditures in this subsidized sphere. The article highlights several regulatory requirements and provides recommendations on the formation of a subject-spatial environment for the detention of persons in correctional institutions in Ukraine. The result of this research can be several conclusions, guided by which, it is possible to form a full-fledged object-spatial environment for the detention of prisoners (arrested) in a correctional institution, as well as to design interiors and furnishings for the staff, whose work is difficult and stressful.
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Fauzee, Yasmine Joy. "In the Eyes of a Child — Behind the Wire: Education for Children in Mandatory Detention in Australia." Contemporary Issues in Early Childhood 4, no. 1 (March 2003): 90–95. http://dx.doi.org/10.2304/ciec.2003.4.1.9.
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Public concern for the well-being of children held in detention in Australia has been revealed through a National Inquiry. Evidence indicates that children are detrimentally affected by the detention environment on many levels. The discussion here focuses on the question of education. A ‘dual strategic approach’ is advocated, which calls for the urgent needs of children to be met within a context of concerted measures to end mandatory detention.
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Vershinina, S. I. "On the excessive use of detention." Juridical Journal of Samara University 9, no. 3 (October 10, 2023): 18–24. http://dx.doi.org/10.18287/2542-047x-2023-9-3-18-24.
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Based on the statistical data on the use of preventive measures presented on the website of the Judicial Department at the Supreme Court of the Russian Federation, the article examines the reliability of allegations of excessive use of detention and insufficient use of non-isolation preventive measures. By comparing the indicators that reveal the total number of defendants whose criminal cases were sent to the court of first instance and the number of application of “judicial” preventive measures in pre-trial and trial proceedings, the number of persons against whom preventive measures not related to isolation were applied is determined and a conclusion is made on the sufficient use of preventive measures alternative to detention. Discussing the thesis about the excessive use of detention, the author focuses on the ratio of the number of convicts to actual imprisonment and the number of accused in custody. Allegations about the excessive use of detention are reliable only in cases where the number of accused in respect of whom a measure of restraint was applied exceeds the number of persons sentenced to real imprisonment.
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Švedas, Gintaras, and Justyna Levon. "Pre-Trial Detention and It‘s Alternatives in Lithuania, Estonia, Romania and Slovakia." Štát a právo 10, no. 4 (February 7, 2024): 189–209. http://dx.doi.org/10.24040/sap.2023.10.4.189-209.
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The article deals with the regulation of grounds and duration of the pre-trial detention, as well as its alternative measures during pre-trial investigation stage in Estonian, Lithuanian, Romania and Slovak law. In addition, the article compares the available statistical data on the application of pre-trial detention and its alternative measures in the mentioned countries, as well as evaluates the significance of the trends of pre-trial detention and its alternative measures to the total number of imprisoned persons.
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Fleay, Caroline. "The limitations of monitoring immigration detention in Australia." Australian Journal of Human Rights 21, no. 1 (November 2015): 21–45. http://dx.doi.org/10.1080/1323238x.2015.11910930.
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Bower, Carol, Rochelle E. Watkins, Raewyn C. Mutch, Rhonda Marriott, Jacinta Freeman, Natalie R. Kippin, Bernadette Safe, et al. "Fetal alcohol spectrum disorder and youth justice: a prevalence study among young people sentenced to detention in Western Australia." BMJ Open 8, no. 2 (February 2018): e019605. http://dx.doi.org/10.1136/bmjopen-2017-019605.
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ObjectivesTo estimate the prevalence of fetal alcohol spectrum disorder (FASD) among young people in youth detention in Australia. Neurodevelopmental impairments due to FASD can predispose young people to engagement with the law. Canadian studies identified FASD in 11%–23% of young people in corrective services, but there are no data for Australia.DesignMultidisciplinary assessment of all young people aged 10–17 years 11 months and sentenced to detention in the only youth detention centre in Western Australia, from May 2015 to December 2016. FASD was diagnosed according to the Australian Guide to the Diagnosis of FASD.Participants99 young people completed a full assessment (88% of those consented; 60% of the 166 approached to participate); 93% were male and 74% were Aboriginal.Findings88 young people (89%) had at least one domain of severe neurodevelopmental impairment, and 36 were diagnosed with FASD, a prevalence of 36% (95% CI 27% to 46%).ConclusionsThis study, in a representative sample of young people in detention in Western Australia, has documented a high prevalence of FASD and severe neurodevelopmental impairment, the majority of which had not been previously identified. These findings highlight the vulnerability of young people, particularly Aboriginal youth, within the justice system and their significant need for improved diagnosis to identify their strengths and difficulties, and to guide and improve their rehabilitation.
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Blagg, Harry, Tamara Tulich, and Zoe Bush. "Indefinite Detention Meets Colonial Dispossession." Social & Legal Studies 26, no. 3 (May 24, 2017): 333–58. http://dx.doi.org/10.1177/0964663916676650.
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Foetal alcohol spectrum disorder (FASD) is a non-diagnostic umbrella term encompassing a spectrum of disorders caused by prenatal alcohol exposure. This article reports on a qualitative research project undertaken in three Indigenous communities in the West Kimberley region of Western Australia, intended to develop diversionary pathways for Indigenous young people with FASD at risk of enmeshment in the justice system. Rates of FASD in some parts of the West Kimberley are comparable to the highest identified internationally. A diagnosis of FASD amplifies the chances of Indigenous youth being caught up in the justice system in Western Australia, including indefinite detention in prison if found unfit to stand trial. A fresh diversionary paradigm is required. Employing a postcolonial perspective, we explore issues surrounding law and justice intervention – and non-intervention – in the lives of Indigenous children and their families. The FASD problem cannot be uncoupled from the history of colonial settlement and the multiple traumas resulting from dispossession, nor can solving the problem be isolated from the broader task of decolonizing relationships between Indigenous people and the settler mainstream. The decolonizing process involves expanding the role of Indigenous owned and place-based processes and services embedded in Indigenous knowledge.
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Salsabiil, Cinde, Dwi Nuryani, and Happy Herlambang. "Immigration Detention Supervision Urgency." Journal of Law and Border Protection 1, no. 1 (May 28, 2019): 35–49. http://dx.doi.org/10.52617/jlbp.v1i1.155.
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World War II was a war between the Allied Powers and the Axis Powers, both of which had extraordinary military power. Seeing the post-World War II conditions, many people lost their homes and families so that in order to realize human rights, the international community agreed to form the United Nations (UN) or the United Nations (UN) with the aim of strengthening international cooperation and preventing conflicts. upcoming conflict. In terms of protecting refugee rights, the United Nations established the legal basis for the Geneva Convention 1951 which is a guideline for the international community in providing protection for refugees. Australia was one of the countries that took part in ratifying the Geneva convention of 1951, while Indonesia was not one of the countries that ratified the convention. However, due to the geographic location of Indonesia as opposed to Australia, Indonesia has had the impact, namely the number of asylum seekers waiting for their refugee status and some of them are not clear because they are not included in the category of refugees by UNHCR. So that the author will explain how important the supervision of refugees in Indonesia is by the Immigration Detention Center or often referred to as Rudenim. In the Duties and Functions of Rudenim there is already a supervisory function but the subject of such supervision is detainees, while in Presidential Regulation No. 125 of 2016 concerning the Handling of Refugees from Abroad, Rudenim has the duty to supervise refugees in Indonesia, so that there are discrepancies between the regulations of the Rudenim Administration and the legal basis governing the handling of these refugees.
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Wilson, Janet. "Offshore Detention in Australia: Behrouz Boochani’s No Friend but the Mountains: Writing from Manus Prison (2018)." Anglica. An International Journal of English Studies, no. 30/3 (September 1, 2021): 163–83. http://dx.doi.org/10.7311/0860-5734.30.3.09.
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This article focuses on the “Pacific Solution,” the Australian national policy of controlling illegal migration by detaining refugees in Immigrant Detention Centres in offshore Pacific islands of Manus and Nauru, and the human rights issues it raises. It refers to Behrouz Boochani’s prize-winning refugee memoir, No Friend but the Moun- tains: Writing from Manus Prison (2018) as both a prison narrative of resilience and a politically resistant text, and it discusses Boochani’s representation of Manus Detention camp as “The Kyriarchal System” in terms of Foucault’s “monstrous heterotopia.” The ar- ticle emphasises the issues of accountability and responsibility in the bilateral governance arrangements of the Manus Detention Centre between Australia and Papua New Guinea, and considers the possibility of more humane detention practices in the future.
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Vernick, JD, MPH, Jon S., Maxim Gakh, JD, MPH, and Lainie Rutkow, JD, PhD, MPH. "Emergency detention of persons with certain mental disorders during public health disasters: Legal and policy issues." American Journal of Disaster Medicine 7, no. 4 (September 1, 2012): 295–302. http://dx.doi.org/10.5055/ajdm.2012.0102.
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Public health emergencies (disasters) are associated with mental health conditions ranging from mild to severe.When persons pose a danger to themselves or others, a brief emergency detention allows a mental health assessment to determine if a lengthier involuntary civil commitment is needed. Involuntary commitment requires participation of the civil justice system to provide constitutionally mandated due process protections. However, disasters may incapacitate the judicial system, forcing emergency detainees to be prematurely released if courts are unavailable. The authors review state laws regarding emergency detention of persons deemed a potential mental health-related danger. Although some states are well prepared for the dual impact of disasters on mental health and the court system, important gaps exist.The authors recommend that state laws anticipate the need for brief extensions of emergency detention periods without court participation. States should also include mental health considerations in their disaster preparedness plans for the court system.
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Briskman, Linda. "The People’s Inquiry into Detention: Social work activism for asylum seeker rights." Journal of Sociology 56, no. 1 (November 15, 2019): 100–114. http://dx.doi.org/10.1177/1440783319882540.
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In 2008, findings from the People’s Inquiry into Detention were published as Human Rights Overboard: Seeking Asylum in Australia. The People’s Inquiry, led by social work academics in Australia, exposed injustices within Australia’s privatised detention network for asylum seekers and interrogated policies and practices that ensued since mandatory immigration detention was introduced by legislation in 1992. With reference to the global context, the article presents a snapshot of policies and practices revealed by the People’s Inquiry that were considered antithetical to human rights and discusses this extensive undertaking within a broader context of asylum seeker social movements and professional advocacy endeavours that continue as harsh policies escalate. The article speaks to the resilience of the asylum seeker movement, often against the odds, a movement that includes responsive and tenacious professional groups.
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Clancey, Garner, Jedidiah Evans, and Leili Friedlander. "Some long-term positive trends in youth detention in New South Wales (Australia)." Safer Communities 22, no. 1 (February 16, 2023): 15–27. http://dx.doi.org/10.1108/sc-06-2022-0023.
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Purpose The purpose of this study is to highlight some long-term positive trends in youth detention in New South Wales (NSW) (Australia). Design/methodology/approach This paper is based on a review of major inquiries into youth detention in NSW over the last 40 years and analysis of recently published youth custody statistics. Findings There have been a number of positive long-term trends in youth detention in NSW, including a significant reduction in the number of young people held in custody, including the number (as opposed to the proportion) of Aboriginal and Torres Strait Islander young people; the total number of youth custody beds has fallen, and there has been a significant positive change in the physical accommodation provided to young people in youth detention, with new facilities replacing unsuitable former centres; and no young person has died in custody (though there was the tragic death of an assistant teaching instructor in 1999) since 1990. These significant positive long-term trends are often lost in the criticisms levelled at the youth justice system. Originality/value This paper highlights a series of positive developments that have generally received little or no attention in the extant literature. Australia, as with other jurisdictions, has had a series of damning reviews of youth detention in recent years. While the issues raised in these reviews and inquiries are important and should necessarily be addressed, it is equally important to acknowledge significant positive trends.