Preventative detention in Australian law : issues of interpretation

Macken, Claire 2008, Preventative detention in Australian law : issues of interpretation, Criminal law journal, vol. 32, no. 2, pp. 71-89.

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Title Preventative detention in Australian law : issues of interpretation
Author(s) Macken, Claire
Journal name Criminal law journal
Volume number 32
Issue number 2
Start page 71
End page 89
Publisher Lawbook Co.
Place of publication Sydney, N.S.W.
Publication date 2008
ISSN 0314-1160
Summary This article examines the statutory interpretation of terms in Div 105 of the Criminal Code Act 1995 (Cth) . This division is the regime for preventative detention orders (PDOs), an Executive order permitting a person to be taken into custody and deprived of his/her personal liberty for the purpose of either preventing an imminent terrorist act or preserving evidence of a past terrorist act. The organisation of this article corresponds with three key features of a PDO from this description: "detention"; "Executive"; and "preventative purpose". To consider the interpretation of Div 105 , this article relies on statutory principles of interpretation, and most notably, the recent authority of Thomas v Mowbray (2007) 81 ALJR 1414 [PDF] ; [2007] HCA 33.
Language eng
Field of Research 180110 Criminal Law and Procedure
Socio Economic Objective 940402 Crime Prevention
HERDC Research category C1 Refereed article in a scholarly journal
HERDC collection year 2008
Copyright notice ©2008, Lawbook Co.
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Document type: Journal Article
Collections: Faculty of Business and Law
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