Attorney-General (Qld) v S

In the case of Attorney-General (Qld) v S, the court considered the application for the reaffirmation of a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The primary legal issues were whether the respondent posed a serious danger to the community if not subject to a continuing detention order and whether adequate protection of the community could be ensured by his release on a supervision order. The court had to determine if the applicant had discharged the onus to establish that the respondent should continue to be subject to a continuing detention order and whether the community could be adequately protected by a supervision order.

The respondent, who had a history of violent and sexual offences, had not engaged in the necessary treatment programs to address his risk of reoffending. The psychiatrists who assessed the respondent opined that he remained a moderate to high risk of reoffending sexually if released under a supervision order. They considered that the drafting of adequate conditional release orders would only be possible if the respondent engaged with assessment and treatment. The court concluded that the applicant had discharged the onus to establish that the respondent should continue to be subject to a continuing detention order. The respondent's refusal to engage with assessment and treatment meant that the court could not be satisfied that adequate protection of the community could be reasonably and practicably ensured by a supervision order.

The court affirmed the decision made on 9 June 2015 that the respondent is a serious danger to the community in the absence of a Division 3 order. The court ordered that the respondent continue to be subject to the continuing detention order made on 9 June 2015.