Ex-convict policies
mercredi 22 novembre 2023 à 11:34Australia is rushing to make new policies for ex-convicts who are foreigners that it is impossible to legally deport. But they seem to be based on confusion of purpose.
The imprisonment policy that the court rejected was used ex-convicts who would be deported if that were allowable. However, they have been mixed with policies that seem to be directed at a possible threat to the community posed by the convict.
Each of those two purposes calls for its own response; mixing them up is a mistake.
For making sure the state can find the ex-convict in case deporting per ever becomes an option, keeping track of per movements is justified and should be sufficient.
As for protecting the community from a possible threat posed by the ex-convict, whatever Australia does with Australian ex-convicts is presumably adequate (or Australia should change that policy). So it should be adequate for non-Australian criminals too.
I presume that Australia makes these decisions for specific ex-convicts based on what crime each committed. For instance, if the crime was bank robbery or embezzling, there is probably no need to care whether the criminal goes near a school.
If Australian courts accept a certain restriction for a certain category ex-convicts when they are Australians, I expect it will accept the same restriction for the same category of foreign ex-convicts.