New South Wales Consolidated Acts

CRIMES (HIGH RISK OFFENDERS) ACT 2006 - SECT 13B

13B Application for continuing detention order

(1) An application for a continuing detention order may be made only in respect of--

(a) a detained offender, or

(b) a supervised offender.

(2) A
"detained offender" is an offender who, when the application for a continuing detention order is made, is in custody (referred to in this Part as the offender's
"current custody" )--

(a) while serving a sentence of imprisonment--

(i) for a serious offence, or

(ii) for an offence of a sexual nature, or

(iii) for an offence under section 12, or

(iv) that is an aggregate sentence of imprisonment in relation to which at least 1 of the offences to which the aggregate sentence relates is an offence referred to in subparagraph (i), (ii) or (iii), or

(v) for an offence, whether under a law of this State or another Australian jurisdiction, that is part of a cumulative sentence of imprisonment in relation to which at least 1 of the sentences of imprisonment comprising the cumulative sentence of imprisonment is a sentence of imprisonment referred to in subparagraph (i), (ii), (iii) or (iv), or

(b) under an existing continuing detention order, emergency detention order or interim detention order.

(3) An application for a continuing detention order in respect of a detained offender may not be made more than 9 months before--

(a) the end of the offender's total sentence, or

(b) the expiry of the existing continuing detention order,

as appropriate.

(4) A
"supervised offender" is an offender who, when the application for a continuing detention order is made, is an offender in lawful custody or under supervision--

(a) under an extended supervision order or an interim supervision order who--

(i) has been found guilty of an offence under section 12 in respect of that order, or

(ii) because of altered circumstances, poses an unacceptable risk of committing a serious offence if the continuing detention order is not made, or

(b) whose obligations under an extended supervision order or an interim supervision order have been suspended, or

(c) under an interim detention order.

(5) An application in respect of a supervised offender who is serving a sentence of imprisonment may not be made more than 9 months before the end of the person's total sentence.

(6) The Supreme Court must not make a continuing detention order on an application referred to in subsection (4) (a) (ii) unless it is satisfied that circumstances have altered since the making of the extended supervision order or interim supervision order and those altered circumstances mean that there is an unacceptable risk of the offender committing a serious offence if the continuing detention order is not made.

(7) Without limiting the matters that the Supreme Court may take into account for the purposes of subsection (6), it may take into account the failure to comply, or an allegation that the supervised offender has failed to comply, with any requirement of an extended supervision order or interim supervision order.