Psychiatrists' role in preventive detention: New Zealand's legislation for indefinite detention

Abstract

A 1993 amendment of the New Zealand Criminal Justice Act made it obligatory to obtain a psychiatric report prior to the imposition of an order of preventive detention. Preventive detention can be imposed on violent or sexual offenders, including first offenders, who a court determines are at substantial risk of reoffending upon release. The psychiatric report must address whether a substantial risk of committing an offence exists upon release, irrespective of the defendant's history of mental illness. This prediction is of a hypothetical specific offence years in the future after therapy or maturation may occur. This duty presents significant conflicts in terms of efficacy and propriety for the reporting psychiatrist This paper describes the development of the statute, and examines all the completed cases (n = 24) ordered since 1993 in the Auckland Region, from a population of one million people. All except 2 were sex offenders, and 12 orders of preventive detention were made, with a close association of the psychiatric recommendation and a finding of preventive detention. The demographic profile, offending and psychiatric history are described. The appropriateness of the opinion that is sought from the psychiatrist in the light of current opinion about the psychiatric assessment of dangerousness is discussed.