New South Wales Consolidated Acts

CRIMES (HIGH RISK OFFENDERS) ACT 2006 - SECT 5I

5I Application for extended supervision order

(1) An application for an extended supervision order may be made only in respect of a supervised offender.

(2) A
"supervised offender" is an offender who, when the application for the order is made, is in custody or under supervision (referred to in this Part as the offender's
"current custody or supervision" )--

(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 interim supervision order, extended supervision order, interim detention order or continuing detention order.

(3) A person is taken to be serving a sentence of imprisonment whether the sentence is being served by way of full-time detention or intensive correction in the community (whether or not subject to a home detention condition) and whether the offender is in custody or on release on parole.

(4) For the purposes of this section, if a court makes a federal recognizance release order in relation to a person in respect of a federal sentence imposed on the person by the court--

(a) the order is taken to be part of the person's federal sentence, and

(b) the person is taken to be serving a sentence of imprisonment for the period the order is in force.

(5) In this section--

"Crimes Act 1914" means the Crimes Act 1914 of the Commonwealth.

"federal recognizance release order" means an order under the Crimes Act 1914 , section 20(1)(b).

"federal sentence" has the same meaning as in the Crimes Act 1914 .