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CRIMES (HIGH RISK OFFENDERS) ACT 2006 - SECT 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.
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