The Revival of Preventive Detention in New Zealand 1986–93

Abstract

A sensational offence by a recently released prisoner with a long history of sexual offending led to the scope of preventive detention being extended in 1987 prompting a dramatic increase in use of this sentence by the New Zealand courts. A committee of inquiry had previously criticised this sentence, which provides for the indefinite detention of dangerous offenders, as ‘arbitrary, selective and inequitable’ and recommended its abolition. In the 1987–93 period, a total of 48 persons received this sentence compared with 28 during the previous 19 years. The revival of preventive detention is seen as a case study of law and order politics as this previously little used sentence became a central feature of the efforts of successive governments to respond to increasing levels of violent crime. The principal deficiencies of this sentence are identified as (1) inconsistency in its use; (2) its lack of focus and the Court of Appeal's failure to provide meaningful guidance to judges; and (3) the severity of the sentence which involves detention for a minimum term of 10 years.