Indefinite Detention in Australia: The Ongoing Risk of Governor's Pleasure Detention: Yates v The Queen [2013] HCA 8 French CJ, Hayne, Crennan, Bell and Gageler JJ

Abstract

The impetus to abolish Governor's pleasure detention for persons found not guilty by reason of mental impairment/insanity or unfit to stand trial led to important law reform throughout Australia and in many other countries so that decision-making about complete or partial release of such persons from detention is at least to some extent removed from the Executive. However, a small category of persons continues to languish at the Governor's pleasure by reason of having been sentenced to indefinite detention. This paper reviews one such case, Yates v The Queen [2013] HCA 8, in which an appeal against such status was successfully brought to the High Court 26 years after indefinite detention at ..