ABSTRACT
The preventive and extended sentence legislation outlined earlier might not necessarily be regressive, but a continuation of the New Liberal’s progressive agenda that started in the early twentieth century, which has since been twisted into a preventive pre-crime agenda based on the risk paradigm. This chapter explores the development and implementation of preventive and extended sentences. It examines the wider historical origins of punitive legislation. The chapter also examines sentencing provision for sexual and violent offenders, by primarily focusing on the legislation in the UK and the US. It discusses this sentencing and public protection policy in terms of effectiveness and the problems it creates for both offenders and the criminal justice system. In Queensland, the Dangerous Prisoners Act 2003 inflicts what B. McSherry and P. Keyzer call “double punishment”, which created a “post-sentence detention and sentencing model” of justice for dangerous sexual offenders.
