Humphrys was scheduled for release on licence within days but the Supreme Court in Adelaide has stayed that order as the Crown seeks to keep him behind bars.
Director of Public Prosecutions Adam Kimber today launched a fresh bid to have Humphrys remain in jail, using new legislation passed by the SA parliament.
The new rules establish a different test to be applied before someone previously detained is paroled.
They essentially require an individual to prove they are willing and able to control their sexual instincts rather than requiring the Crown to show they are unwilling or unable.
Kimber told the court that two psychiatrists had consistently found that Humphrys was unwilling to control his sexual instincts.
He said there had also been no material presented by Humphrys to the contrary.
But, under the new provisions, it was necessary for new medical reports on that issue to be prepared and considered, the court was told.
Kimber argued that Humphrys should stay behind bars while those reports were prepared and while an application to further detain him was considered because to release him in the interim would defeat the objective of the current proceedings.
Justice Ann Vanstone agreed and stayed a previous order of the court that would have allowed Humphrys to go free on Monday.
Defence counsel provided no submissions on Humphrys’ behalf in relation to today’s applications but said that should not be regarded as any concession as to their merits.
Humphrys has an extensive history of sexual offending against children dating back to the 1980s, including the abduction and abuse of a boy in the early 1990s and the 2003 sexual assault of a boy in a toilet block.
His case will return to the Supreme Court for mention on September 12.
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