Research Monograph 18 — Periodic detention revisited

Periodic detention revisited

This study updates the monograph entitled A Critical Review of Periodic Detention, published by the Judicial Commission of New South Wales in 1992. Since then the programme has grown and there are now 11 periodic detention centres throughout the State. Midweek programmes are also expanding, as are facilities for female and Aboriginal offenders. Without periodic detention the full time prison population could be up to 25% higher. 

A review of legislative changes affecting periodic detention shows that the reforms can be placed into two main categories - those relating to non-attendance and cancellation orders; and those relating to expanding the general availability of the sanction to the courts. This monograph describes the first group only because most of the provisions governing the expansion of the programme took place prior to 1991 and were considered in the first monograph. 

The 1996 legislative amendments, amongst other things, introduced greater flexibility into dealing with cancelled orders and now enable the sentencing court, on application of the New South Wales Commissioner of Corrective Services, to make such orders as it considers appropriate. Periodic detention may now be imposed, upon application, on fine defaulters. One detention period is equivalent to two prescribed units of fine and 45 detention periods is the maximum number that may be imposed in respect of any one liability.

Paperback, 89 pp, February 1998, ISBN 0 7313 5601 2