ABSTRACT
This chapter outlines the bases on which people can be detained, and rationales for such detention, beginning with a broad analysis and then focusing on Australian jurisdictions. This means that people detained within the criminal justice system retain all human rights other than rights the limitation of which is "demonstrably necessitated by the fact of incarceration". The Victorian Institute of Forensic Mental Health concluded that "the current system for managing mentally ill offenders in the criminal justice system and the community does not afford adequate protection of the human rights of this group". The application of formal human rights legislation followed by consideration of the rights protections provided by other domestic legislation governing these closed environments. At the national level they are to establish effective and robust domestic monitoring bodies to visit places of detention to investigate and report on the treatment and conditions of detention in closed environments.
