Preventative Detention
Welcome to Orwell’s 1984.
What I Believe is Right and Proper.
Presumption of innocence legal principle that every person accused of any crime is considered innocent until proven guilty, Legal burden of proof is on prosecution not the accused, Prosecution must prove accused is guilty beyond reasonable doubt otherwise accused must be acquitted and freed.
Many legal systems regard presumption of innocence as legal right in criminal trial, Also international human right under Article 11 of UN’s Universal Declaration of Human Rights.
Times are Changing .
Ideals seemingly put aside for pragmatism bolstered by emotion and hand-wringing, Exploited by politicians exhorting action, Preventative detention.
Pre-trial detention
When first introduced preventative detention was practice of incarcerating accused before trial on assumption that they would be likely to commit additional crimes if released.
Preventive detention also used when release of accused is deemed detrimental to state’s ability to carry out investigation.
Australia: Terrorism and extension of Preventative Detention (2002).
Aftermath of 9/11, Government shocked must be seen to act, Police empowered to detain people under preventative orders where there’s threat of terrorist attack being carried out within 14 days and the order might help prevent it.
Also used immediately after terrorist attack if vital evidence at risk of being lost, Person(s) can be detained maximum of 14 days.
Australia: Community Safety Detention Orders (2023).
Under Australia’s tough immigration laws, Illegal immigrants Often called boat people, Held in detention pending deportation.
Boat people who don’t qualify for visas and can’t be sent back to country of origin held in indefinite detention.
2023 Australia’s apex court High Court of Australia found indefinite detention unconstitutional, Government hurriedly enacted community safety detention orders.
Under these orders immigration minister makes an application to court that the person is so dangerous that they’d probably commit another serious violent or sexual crime if they were released.
Under these new orders people can be held for up to three years and with annual review, But detention not capped at three years as court could issue new order every three years.
Those subjected to new orders would be held in prison rather than immigration detention.
Thoughts
Over period of quarter century in small incremental steps we’ve democratically moved from Presumption of innocence towards Presumption of guilt, People under preventative orders have to prove that they won’t commit crimes.
From another perspective, How does someone prove they aren’t thinking about committing crime or that they won’t think about committing a crime?
Naturally my thoughts will be dismissed as way-over-the-top, Which I hope they are, But I would never have believed that democratic government would enact laws like community safety detention.
Seems to me that instead of thinking, Government’s are just doing hurried knee jerk reactions.
Nineteen Eighty-Four by George Orwell. (Published 1949).
Orwell’s story takes place in imagined future when much of world is in state of perpetual war.
Great Britain has become province of totalitarian superstate Oceania led by Big Brother, Dictatorial leader supported by intense cult of personality manufactured by party’s Thought Police.
Thought Police are Oceania’s secret police charged with discovering and punishing thoughtcrime.
Thoughtcrime are personal and political thoughts unapproved by State’s regime.
Food for thought.