Ms Madeline Vingerhoets1, Ms Alice Aplin1, Ms Linda Cho1
1Office Of Public Prosecutions, Melbourne, Australia
Biography:
Alice Aplin is an Assisting Managing Principal Solicitor at the Office of Public Prosecutions. Ms Aplin has been involved in the implementation of Victoria's post-sentence continued supervision and detention regime since 2020. In addition to overseeing the team responsible for the prosecution of contraventions of supervision orders imposed under the Serious Offenders Act 2018 (Vic), Ms Aplin has conducted multiple detention order applications on behalf of the Director.
Abstract:
The Serious Offenders Act 2018 (Vic) permits the continued detention or supervision of certain offenders after they have completed their sentence. This applies to serious sexual and violent offenders, or both. These regimes necessarily limit a range of human rights, with detention orders—though not punitive—significantly restricting liberty. An application for a detention order may only be made by the Director of Public Prosecutions, on referral from the Secretary to the Department of Justice and Community Safety. This presentation provides insight into that decision-making process.
This session has three parts:
1. The role of psychological and psychiatric assessments in evaluating risk of reoffending, including how such evidence is presented in court;
2. The increasingly complex issue of whether risk can be managed in a less restrictive way, noting the prevalence of mental health issues, disability, and challenges such as housing, explored through recent cases and observations of the interaction between clinical evidence and service provider evidence; and
3. The pathway off a detention order, including courts’ growing reluctance to impose orders where no clear exit pathway exists, and how this influences decisions to seek or renew orders.