New detention laws to delay release of Pendennis terror cell leader | Law

New detention laws to delay release of Pendennis terror cell leader

UNSW Law's Senior Lecturer Nicola McGarrity speaks to The Point Magazine (August 2016), regarding the proposed extended post-sentence detention for convicted terrorists.

McGarrity said, “Indefinite detention violates the fundamental nature of our laws, ‘you commit the crime and do the time'. Our laws are premised on the idea that we rehabilitate. In the terror context, its seems like we are moving away from this idea, which is a concern."

She continued, “How do they justify if a terrorist is rehabilitated or de-radicalised? For determining (extended detention) for sex offenders there is some insight and medical insight into the case. In the terrorism context it is subjective, and politically sensitive, and just how one determines their threat will be very hard to challenge. We can’t just import from one regime across to the next.”

Read the full article here.