This paper was delivered by Dr Kilcommins as an address at the Irish Association for the Study of Delinquency Conference on Effective Sanctions for Offenders in November 2004.

Public protection and security are, as commentators like Andrew Ashworth have noted, extremely important and are essential goods in a society. What we want for ourselves, our families, our friends and wider society is to be able to flourish in our lives without risk of assaults on our persons or property. This is clear. But in a society premised on respect for human rights and civil liberties, a reasonable balance must be maintained between the individual’s right to liberty and freedom and society’s right to protection