South Australian Numbered Acts

CRIMINAL LAW (SENTENCING) (SENTENCES OF INDETERMINATE DURATION) AMENDMENT ACT 2013 (NO 77 OF 2013) - SECT 6

6—Amendment of section 24—Release on licence

        (1)         Section 24—after subsection (1) insert:

        (1a)         The Supreme Court must, before determining an application under this section for the release on licence of a person detained in custody under this Division, direct that at least 2 legally qualified medical practitioners (to be nominated by a prescribed authority for the purpose) inquire into the mental condition of the person and report to the Court on whether the person is incapable of controlling, or unwilling to control, his or her sexual instincts.

        (1b)         The paramount consideration of the Supreme Court when determining an application under this section for the release on licence of a person detained in custody under this Division must be the safety of the community.

        (1c)         The Supreme Court must also take the following matters into consideration when determining an application under this section for the release on licence of a person detained in custody under this Division:

            (a)         the reports of the medical practitioners (as directed and nominated under subsection (1a)) furnished to the Court;

            (b)         any relevant evidence or representations that the person may desire to put to the Court;

            (c)         a report furnished to the Court by the appropriate board in accordance with the direction of the Court for the purposes of assisting the Court to determine the application, including—

                  (i)         any opinion of the appropriate board on the effect that the release on licence of the person would have on the safety of the community; and

                  (ii)         a report as to the probable circumstances of the person if the person is released on licence; and

                  (iii)         the recommendation of the appropriate board as to whether the person should be released on licence;

            (d)         evidence tendered to the Court of the estimated costs directly related to the release of the person on licence;

            (e)         the reports resulting from the periodic reviews under section 23(9) on the progress and circumstances of the person tendered to the Court;

            (f)         any other report required by the Court under section 25;

            (g)         any other matter that the Court thinks relevant.

        (1d)         A copy of any report furnished to the Supreme Court under subsection (1c) must be given to each party to the proceedings or to counsel for those parties.

        (2)         Section 24(2)—before "Court" first occurring insert:

Supreme