Where a prisoner subject to a continuing detention order denies sexual offending and cannot access treatment programs, a supervision order may still ensure adequate protection of the community if sufficiently stringent external constraints are imposed to compensate for the absence of internal constraints. The strategy of requiring prior written approval for all activities outside the home, combined with reporting obligations, electronic monitoring under s 16A, and the deterrent of criminal sanctions under s 43B, can reduce the risk from high to moderate and justify release on supervision.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.