Director of Public Prosecutions v DJD (Renewal application)

In the matter of the Director of Public Prosecutions versus DJD, the Court was asked to consider an application for the renewal of a detention order under the Serious Offenders Act 2018. The respondent, DJD, had been detained in the Marlborough Unit of Port Phillip Prison since the initial detention order was made. The Director of Public Prosecutions sought a renewal of this order, asserting that the respondent continued to pose an unacceptable risk of committing serious sex offences or serious violence offences if the order was not renewed. While DJD did not challenge the need for the renewal of the detention order, there was a contention regarding the appropriate duration of the order.

The court was required to decide whether the detention order should be renewed and, if so, for how long. The key issue was whether the evidence supported the conclusion that DJD remained a risk to the community if released and whether the detention order was the least restrictive option available. The court considered the evidence presented, which included reports from psychologists and other professionals indicating that DJD had made progress in treatment but still posed a risk. The court also considered the submissions from both parties regarding the appropriate duration of the order.

The court found that the evidence supported the conclusion that DJD remained a risk to the community and that the detention order was the least restrictive option currently available. While the court acknowledged that progress had been made, it also recognised that more work needed to be done. The court also noted that authorities were exploring all options to reduce the risk posed by DJD. The court concluded that a two-year renewal of the detention order was appropriate, as it provided sufficient time for further treatment and assessment while also protecting the community.

The court renewed the detention order for a period of two years. The court ordered that DJD remain detained in the Marlborough Unit of Port Phillip Prison until the order expired or was otherwise terminated. The court also ordered that the respondent be provided with appropriate treatment and support during the period of detention. The court emphasised the importance of continuing to monitor DJD's progress and to explore all options to reduce the risk posed by the respondent.