South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 269O

269O—Supervision orders

        (1)         The court by which a defendant is declared to be liable to supervision under this Subdivision may—

            (a)         release the defendant unconditionally; or

            (b)         make an order (a "supervision order")—

                  (i)         committing the defendant to detention under this Subdivision; or

                  (ii)         releasing the defendant on licence on the following conditions:

                        (A)         the conditions imposed by subsection (1a);

                        (B)         any other condition decided by the court and specified in the licence.

        (1aa)         Without limiting the generality of subsection (1)(b)(ii)(B), release on licence under a supervision order may, for example, be subject to—

            (a)         a condition that the defendant reside at specified premises; or

            (b)         a condition that the defendant undergo assessment or treatment (or both) relating to the defendant's mental condition; or

            (c)         a condition that the defendant be monitored by use of an electronic device approved under section 4 of the Correctional Services Act 1982 ; or

            (d)         any other condition that the court thinks fit.

        (1a)         Subject to this Act, every licence under subsection (1)(b)(ii) is subject to the following conditions:

            (a)         a condition prohibiting the defendant from possessing a firearm or ammunition (both within the meaning of the Firearms Act 2015 ) or any part of a firearm;

            (b)         a condition requiring the defendant to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by a person or body specified by the court.

        (1b)         A court may only vary or revoke the conditions imposed by subsection (1a) if the defendant satisfies the court, by evidence given on oath, that—

            (a)         there are cogent reasons to do so; and

            (b)         the possession of a firearm, ammunition or part of a firearm by the defendant does not represent an undue risk to the safety of the public.

        (2)         If a court makes a supervision order, the court must fix a term (a "limiting term") equivalent to the period of imprisonment or supervision (or the aggregate period of imprisonment and supervision) that would, in the court's opinion, have been appropriate if the defendant had been convicted of the offence of which the objective elements have been established ¹ .

        (3)         At the end of the limiting term, a supervision order in force against the defendant under this Division lapses.

Note—

1         The court should fix a limiting term by reference to the sentence that would have been imposed if the defendant had been found guilty of the relevant offence and without taking account of the defendant's mental impairment.