Expert opinions of Forensic Psychiatrists Regarding Laws of Subsequent Preventive Detention

Objective: With regard to changes in the German law of preventive detention - a sentence handed down to offenders who committed a grave offence and are considered a danger to public safety, similar to the preventive detention law in New Zealand an online survey amongst forensic psychiatrists has been conducted between July and October 2011. Questions have been raised regarding the necessity of preventive detention, subsequent preventive detention (the possibility of imposing "preventive detention" after sentencing, which was ruled a violation of the European Convention of Human Rights by the European Court of Human Rights), and the Therapy Placement Act from January 1St, 2011. Methods: Participants have been contacted via email and participation was anonymous. An online-platform has been established, and has been open for about four months. Results: Most participants have been familiar with either court reports regarding preventive detention or the content of the Therapy Placement Act. Less than one third had already answered issues considering this new law. All participants have considered preventive detention as necessary, but subsequent preventive detention as well as the Therapy Placement Act as not required. Conclusions: The Therapy Placement Act was considered to be modified by involving an interdisciplinary advisory board. Terms of "psychiatric disorder" should be defined or replaced, and frequency of psychiatric assessment should be reduced.