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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Michael Pelly is the legal editor, based in our Sydney newsroom. He has been a senior adviser to federal and state attorneys-general and written two books, one a biography of former High Court Chief Justice Murray Gleeson. Email Michael at michael.pelly@afr.com
