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TERRORISM (HIGH RISK OFFENDERS) ACT 2017 - SECT 11

Determining whether eligible offender is convicted NSW underlying terrorism offender or convicted NSW terrorism activity offender

11 Determining whether eligible offender is convicted NSW underlying terrorism offender or convicted NSW terrorism activity offender

In determining whether an eligible offender is a convicted NSW underlying terrorism offender or convicted NSW terrorism activity offender, the Supreme Court may take into account--

(a) the views of the sentencing court at the time the offender was sentenced for the offender's offence, and
(b) the views of the sentencing court at the time a person other than the offender was sentenced for an offence if the person was a co-accused of the offender or was convicted of assisting, aiding, abetting, counselling, procuring, soliciting, being an accessory to, encouraging, inciting or conspiring to commit the offender's offence, and
(c) evidence adduced in the proceedings for the offender's offence or in proceedings against another person for an offence referred to in paragraph (b), and
(d) any relevant terrorism intelligence, and
(e) the offender's criminal history (including prior convictions and findings of guilt in respect of offences committed in the State or elsewhere), and any pattern of offending behaviour disclosed by that history, and
(f) the results of any assessment prepared by a qualified psychiatrist, registered psychologist, registered medical practitioner or other relevant expert as to the offender's history of behaviour (including any patterns in, or the progression of, that behaviour to date), and
(g) any information concerning the offender that the Court considers relevant (including developmental or social factors and behaviour while in custody), and
(h) any report prepared by Corrective Services NSW, the NSW Police Force or a prescribed terrorism intelligence authority concerning the offender and the offender's associates and affiliations, and
(i) information indicating that current or former associates of the offender have been or are involved in terrorism activities, and
(j) any other information that the Court considers relevant.



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