South Australian Numbered Acts South Australian Numbered Acts(1) The Supreme Court may, on application by the DPP or the person, authorise the release on licence of a person detained in custody under this Division.
(2) 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, the person's sexual instincts.
(3) 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 to protect the safety of the community (whether as individuals or in general).
(4) 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 (2)
) provided to the Court;
(b) any relevant evidence or representations that the person may desire to put to the Court;
(c) a report provided 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 57(15)
on the progress and circumstances of the person tendered to the Court;
(f) any other report required by the Court under section 61
;
(g) any other matter that the Court thinks relevant.
(5) A copy of any report provided to the Supreme Court under subsection (4)
must be given to each party to the proceedings or to counsel for those parties.
(6) On the Supreme Court authorising the release of a person under subsection (1)
, the appropriate board must order the release of the person on licence on the day specified by the Court.
(7) Subject to this Act, every release of a person on licence under this section is subject to the following conditions:
(a) a condition prohibiting the person from possessing a firearm or ammunition or any part of a firearm;
(b) a condition requiring the person to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by a person or class of persons or body specified by the appropriate board.
(8) Without limiting subsection (7)
, the release of a person on licence under this section will be subject to such conditions as the appropriate board thinks fit and specifies in the licence (including a condition that the person be monitored by use of an electronic device approved under section 4 of the Correctional Services Act 1982
).
(9) If the Supreme Court has refused a person's application for release on licence, the person may not further apply for release for a period of 6 months, or such lesser or greater period as the Court may have directed on refusing the application.
(10) The appropriate board may—
(a) on application by the DPP or the person, or on its own initiative, vary or revoke a condition of a licence or impose further conditions; or
(b) on application by the DPP, or on its own initiative, cancel the release of a person on licence, if satisfied that the person has contravened, or is likely to contravene, a condition of the licence.
(11) A board cannot exercise its powers under subsection (10)
on its own initiative in relation to a person released on licence unless the person and the Crown have been afforded a reasonable opportunity to make submissions to the board on the matter, and the board has considered any submissions so made.
(12) The appropriate board may only vary or revoke the conditions imposed by subsection (7)
on the release of a person on licence if the board is satisfied that—
(a) there are cogent reasons to do so; and
(b) the possession of a firearm, ammunition or part of a firearm by the person does not represent an undue risk to the safety of the public.
(13) For the purposes of proceedings under subsection (10)
, a member of the appropriate board may—
(a) summon the person the subject of the proceedings to appear before the board; or
(b) in the case of proceedings for cancellation of release—
(i) with the concurrence of a second member of the board—issue a warrant for the apprehension and detention of the person pending determination of the proceedings; or
(ii) apply to a magistrate for a warrant for the apprehension and detention of the person pending determination of the proceedings.
(14) If a person who has been summoned to appear before the appropriate board fails to attend in compliance with the summons, the board may—
(a) determine the proceedings in the person's absence; or
(b) direct a member of the board to—
(i) issue a warrant; or
(ii) apply to a magistrate for a warrant,
for the apprehension and detention of the person for the purpose of bringing the person before the board.
(15) A member of the appropriate board may apply to a magistrate for a warrant for the apprehension and return to custody of a person whose release on licence has been cancelled by the board.
(16) A magistrate must, on application under this section, issue a warrant for the apprehension and detention of a person or for the apprehension and return to custody of a person, as the case may require, unless it is apparent, on the face of the application, that no reasonable grounds exist for the issue of the warrant.
(17) The appropriate board may, if it thinks good reason exists for doing so, cancel a warrant issued under this section at any time before its execution.
(18) If a person who has been released on licence commits an offence while subject to that licence and is sentenced to imprisonment for the offence, the release on licence is, by virtue of this subsection, cancelled.
(19) If a person has been subject to a licence under this section for a continuous period of 3 years, the order for the person's detention under this Division will, unless the Supreme Court, on application by the DPP, orders otherwise, be taken to have been discharged on the expiration of that period.
(20) For the purposes of this section, the "appropriate board", in relation to proceedings under this section, means—
(a) if the person the subject of the proceedings is being detained in a training centre, or has been released on licence from a training centre—the Training Centre Review Board;
(b) in any other case—the Parole Board.