Curfews on released detainees are not punitive and less onerous than Covid restrictions, commonwealth says

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Curfews on released detainees are not punitive and less onerous than Covid restrictions, commonwealth says
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Ankle bracelets only ‘produce slight discomfort or embarrassment’ and can be hidden under clothes, commonwealth tells high court

The commonwealth has told the high court that curfews for those released from indefinite detention are ‘not remotely comparable’ to detention in custody.The commonwealth has told the high court that curfews for those released from indefinite detention are ‘not remotely comparable’ to detention in custody.

As at 31 May, about 160 people have been released from immigration detention; 85 of that group are subject to electronic monitoring and 77 have a curfew, usually from 10pm to 6am. In submissions filed on Friday the commonwealth argued that curfews are “not remotely comparable” to detention in custody because,there is no restriction on non-citizens the other 16 hours a day, they can choose where they reside, and they are “likely to be asleep” at those hours.

“Further, considerably more onerous curfews are imposed for purposes that obviously are not punitive,” the defence continued.

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