The Director of Public Prosecutions v Manning [No 3]

The defendant, the Director of Public Prosecutions, brought the matter against Manning, who was detained under a continuing detention order for being a dangerous sexual offender. The matter came before the court for a third annual review of Manning’s detention under the provisions of the Sentencing Act 1991 (Vic). The central issue was whether the continuing detention order should be rescinded or extended for another year. The court also considered the introduction of a structured release plan as part of the review process.

The key legal issues addressed by the court were the criteria for determining whether Manning continued to pose a significant risk to public safety, the appropriate timing for reviewing and potentially modifying the continuing detention order, and the relevance of a proposed structured release plan in the context of the risk assessment. The court examined the evidence presented by both parties, including expert opinions and Manning’s behavioural history, to ascertain whether there had been any changes in his risk profile since the previous reviews. Additionally, the court had to consider whether the introduction of a structured release plan could mitigate the risk of Manning reoffending.

The court determined that Manning continued to pose a significant risk to public safety, thereby justifying the continuation of his detention under the order. The court found that while the proposed structured release plan was a positive step, it was not yet sufficiently developed to serve as a mitigating factor in the risk assessment. The timing of the application for review was also considered, with the court noting that the application had been made within the statutory timeframe and that the review was necessary to ensure that the detention order remained justified. Consequently, the court decided to allow the application but did not rescind the continuing detention order, extending it for another year.

The final orders of the court were that the application by the Director of Public Prosecutions for a third annual review of Manning's detention be allowed, and that the continuing detention order be extended for a further year, contingent on the ongoing development and implementation of the structured release plan.