Analysis
Three potential problems with new detention laws
If the government goes too far, it will be inviting the courts to strike down the new law for “preventative detention” of refugees and asylum seekers.
Michael PellyLegal editor
There are at least three ways the government’s new preventative detention regime could fall over in the High Court.
Any potential order will have to be tied to a criminal sentence, based on solid evidence and respect the line between punishment and protection of the community.
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