Dangerous Sexual Offenders Act 2006 - Assignment Example

Dangerous Sexual Offenders Act 2006 (WA) Name: Institution: Executive Summary The Australian criminal justice department has been battling the perennial issues of dangerous offenders regarding the probability of re-offense the issue has been intensified by an increase in the number of reported sex offences incidences against children and the female population. Other than enhancing the security levels of targeted members of the society, the development of dangerous sexual offences law was also aimed the protection of those perceived as offenders from the community. An essential purpose of this law that is perceived as beneficial to the society is that it ensures that dangerous sexual offenders receive adequate punishment for their offences. This is through the promotion of rehabilitation aided by their exclusion from the rest of the society. Keywords: Western Australia, Bill, Act, law, enforcement Table of Contents 1.0 Introduction 1 2.0 The Development of Legislation to Manage Dangerous Sexual Offenders 1 3.0 Dangerous Sexual Offender Legislation 2 4.0 Amendments to Dangerous Sexual Offender Legislation 3 5.0 Benefits and Criticisms of the Dangerous Sexual Offender Legislation 4 6.0 Conclusion 4 1.0 Introduction For more than four years, the Australian criminal justice department has been battling the perennial issues of dangerous offenders regarding the probability of re-offense the issue has been intensified by an increase in the number of reported sex offences incidences against children and the female population. In Western Australia, the Dangerous Sexual Offenders Act 2006 was introduced to apply to the imprisonment, sentencing and supervision of serious sexual offenders. The main objective of this report is to engage in the in-depth analysis of Western Australia’s Dangerous Sexual Offenders Act 2006. This will be through focusing on the development of the Act, the target objective of the Act and the amendments that have been made to the Act. 2.0 The Development of Legislation to Manage Dangerous Sexual Offenders Social factors One of the social factors necessitated in the development of laws focusing on dangerous sexual offenders can be attributed to the safety of women and children in the society. In Western Australia for example, there had been an increase in the number of children who went missing but were later found murders and mutilated necessitating investigation for murder. Sexual offenders are considered as a threat to the peace and cohesion of the society necessitating long-term and punitive measures that can keep them away from interfering with the community hence enhancing security (Anderson, 2015). Other than enhancing the security levels of targeted members of the society, the development of dangerous sexual offences law was also aimed the protection of those perceived as offenders from the community. Dangerous sexual offenders target minors and the women in the society. This makes them sexual predators that from a psychological perspective cannot be treated using any medical procedures. The aim of the law was therefore to confine them as a way of enhancing their safety (McSherry & Keyzer, 2006). The stringent measures characterizing the development of the dangerous sexual offences law was to act as a deterrent measure. Through the development of such law, the western Australian criminal justice department developed the thought that probable offenders would refrain from such activities for fear of arrest and community notification (McSherry & Keyzer, 2006). Political factors The need to ensure crime control to citizens in collaboration with the criminal and justice department in the Australian devolved system form an essential reason for the development of law on dangerous sexual offenders. Through this law, the government guarantees self-protection and state protection. The collaboration between the government and the citizens through the development of law has been perceived as an essential aspect in improving the ability of the government in delivering its mandate to the population with regard to security concerns. In addition, the process also allows the citizens to master the sense of responsbility for their own welfare and that of other members of the society hence improving on cohesive levels of such a community ((McSherry & Keyzer, 2015). Sentencing enhancements is also a contributing factor to the development of dangerous sexual offences act. This is because such statutes provide for longer-term imprisonment of those perceived as dangerous to the welfare of the community. In response to the concerns of an increase in sexual and violent offenses, the government in Western Australia argued for the development of laws that could permit immediate and consecutive sentencing of dangerous sexual offenders as a political strategy towards a decrease in the vice (Edgely, 2007). 3.0 Dangerous Sexual Offender Legislation The western Australian dangerous Sexual offences Act 2006 was developed as legislation aimed at the provision for the detention in custody of persons of specific class to ensure adequate protection for members of the community and the victims. In addition, the act was also aimed at the provision of continued control, care or treatment of persons of a specific class (Dangerous Sexual Offenders Act 2006 (WA)). For any individual to be charged under this Act, the court has the responsibility of finding that serious danger that the person poses to the community. In addition, the prosecution has to provide sufficient evidence asserting that there is unacceptable risk if the specific persons not subjected to continued detention or a supervisor order with regard to committing a serious crime (Edgely, 2007). The process of deterring whether the person poses serious danger to the community, the court has the responsbility of making decisions with regard to psychiatry reports as per section 37 of the Act, the propensity of committing a serious sexual crime and the existing patterns of offending behaviour (Dangerous Sexual Offenders Act 2006 (WA)). One condition that the court makes a supervisor order against a person, he or she will be required to report to the community correction officer as directed by the court, notify the correction officer of any changes. In addition, the court may require the accused person not to make any public statements or opinions concerning the case or engage in nay form of association with the victim or the victim’s family (Dangerous Sexual Offenders Act 2006 (WA)). 4.0 Amendments to Dangerous Sexual Offender Legislation Dangerous Sexual Offenders Amendment Bill 2012 was introduced to amend the Act. The main objective of the amendment bill was to provide imposition for curfew requirements on electronic monitoring of particular dangerous sexual offenders and for other related purposes. The implication for this amendment is that it provided the law enforcement agencies with measures of ensuring that notorious offenders were subjected to detailed supervisor to minimize the possibility of engaging in more dangerous sexual crimes while under supervision or under investigation by the concerned authorities. The need to guarantee the safety of the community and that of the sexual offender also provided additional reasons for the introduction and the amendment bill (Western Australia, Parliamentary Debates, Legislative Council, 2015). The dangerous Sexual Offenders Legislation Amendment Bill 2015 introduced a clause targeting the role of the courts in ensuring that an accused person does not have the opportunity of engaging in more crimes. This was through the introduction of the clause allowing the court to disregard the possibility that the accused person may be prevented from committing a serious sexual offence through temporary imprisonment or through the imposition of bail conditions. Total disregard of this process may threaten the safety of the victims but it also ensures that the prosecution collects sufficient evidence to minimize the possibility of unlawful sentencing based on false accusations (Western Australia, Parliamentary Debates, Legislative Council, 2015). 5.0 Benefits and Criticisms of the Dangerous Sexual Offender Legislation Benefits An essential purpose of this law that is perceived as beneficial to the society is that it ensures that dangerous sexual offenders receive adequate punishment for their offences. This is through the promotion of rehabilitation aided by their exclusion from the rest of the society. An additional benefit with regard to the development of this law lies in the prevention of crime through the deterrent measure, which makes it relatively difficult for the individual to commit the offence in the future (White & Perrone, 2015). The Dangerous Sexual Offenders Act 2006 provides a streamlined process of assessing the level of involvement as the risk levels of the accused person prior to the sentencing. This guarantees the protection of the rights of the accused person because the Act provides as specific direction on what should be included in case reports. Furthermore, the Act also provides a criteria of implementing post sentence preventing detention orders making it easier for the courts to include other professionals in the decision making process (Harrison & Rainey, 2013). The supervisor process as provided for in the Act is beneficial in assisting the police to monitor the sex offenders and facilitate the investigation and prosecution for any additional offences. Challenges One of the challenges of this approach to mitigating crime in Western Australia lies in the possibility of ignoring the principle of proportionality. This is because from a legal perspective, the extent and type of punishment must always match the level of serous of the harm and the degree to which the offender can be perceived as responsible. Ignoring the principle of proportionality in the process of implementing the Act will limit the possibility that the sentences will remain commensurate to the seriousness of the offence even in situations where the court desires to guarantee the protection of the community (O’Connor, 2015). 6.0 Conclusion The main objective of this report was to engage in an in-depth analysis of the dangerous Sexual Offenders Legislation Act 2006. The decision by the Western Australia to implement this Act was based on the need to enhance community security and protection. In addition, through this Act the government of Western Australia also envisioned the development of a strategy that could ensure continued control, care and treatment of persons perceived as serious sexual offenders. Since its implementation, the Act has been subjected to amendments aimed at streamlining the role of the court and the law enforcement agencies in protecting the community. There is need for more amendments to be made to the Act to ensure that in the process of supervising the particular persons, their rights are upheld with regard to the principle of proportionality. References Anderson, S. (2015). SHARE: These sex offender laws must be changed. http://www.mamamia.com.au/share-sex-offender-laws-must-changed/ Dangerous Sexual Offenders Act 2006 (WA) Dangerous WA Sex Offender Set Free. http://www.watoday.com.au/wa-news/dangerous-wa-sex-offender-set-free-20130107-2ccl2.html DPP (WA) v McGarry [No 7] [2015] WASC 32 (28 January 2015) Edgely, M. (2007). Preventing Crime or Punishing Propensities? A Purposive Examination of the Preventative Detention of Sex Offenders in Queensland and Western Australia. University of New South Wales Law Journal, 25, 700 Harrison, K., & Rainey, B. (2013). The Wiley-Blackwell handbook of legal and ethical aspects of sex offender treatment and management. Malden, MA: Wiley-Blackwell. Keyzer, P., & McSherry, B. (2015). The preventive detention of sex offenders: Law and practice. University of New South Wales Law Journal, 38, 792. McSherry, B & Keyzer, P. (2006). Preventive Detention for ‘Dangerous’ Offenders in Australia: A Critical Analysis and Proposals for Policy Development. Report to criminology Research Council: Monash University: O’Connor, A. (2015). WA's sex offender release laws to be strengthened after public outrage prompted review. http://www.abc.net.au/news/2015-12-02/changes-to-wa-dangerous-sex-offender-laws/6994570 Western Australia, Parliamentary Debates, Legislative Council, Wednesday 2 December 2015, 9224b – 9226a (Mr. Michael Mischin). White, R., & Perrone, S. (2015). Crime, criminality and criminal justice (2nd ed.). Melbourne: Oxford University Press. Read More