THE REVIVAL OF PREVENTIVE DETENTION IN NEW-ZEALAND 1986-93

A sensational offence by a recently released prisoner with a long hist ory of sexual offending led to the scope of preventive detention being extended in 1987 prompting a dramatic increase in use of this sentenc e by the New Zealand courts. A committee of inquiry had previously cri ticised this sentence, which provides for the indefinite detention of dangerous offenders, as 'arbitrary, selective and inequitable' and rec ommended its abolition. In the 1987-93 period, a total of 48 persons r eceived this sentence compared with 28 during the previous 19 years. T he revival of preventive detention is seen as a case study of law and order politics as this previously little used sentence became a centra l feature of the efforts of successive governments to respond to incre asing levels of violent crime. The principal deficiencies of this sent ence are identified as (1) inconsistency in its use; (2) ifs lack of f ocus and the Court of Appeal's failure to provide meaningful guidance to judges; and (3) the severity of the sentence which involves detenti on for a minimum term of 10 years.