South Australian Numbered Acts

SENTENCING (RELEASE ON LICENCE) AMENDMENT ACT 2018 (NO 2 OF 2018) - SECT 3

3—Amendment of section 58—Discharge of detention order under section 57

        (1)         Section 58—after subsection (1) insert:

        (1a)         An order for detention under section 57 cannot be discharged unless the person subject to the order satisfies the Supreme Court that—

            (a)         the person is both capable of controlling and willing to control the person's sexual instincts; or

            (b)         the person no longer presents an appreciable risk to the safety of the community (whether as individuals or in general) due to the person's advanced age or permanent infirmity.

        (2)         Section 58—after subsection (4) insert:

        (4a)         The Supreme Court, when determining an application under this section, must not have regard to the length of time that the person subject to the order may spend in custody if the order is not discharged.

        (3)         Section 58—after subsection (5) insert:

        (6)         If the discharge of an order for detention would result in the immediate release of a person subject to the order from custody, the Supreme Court may order that the discharge is not to take effect for such time as it considers necessary for the purpose of enabling the person to undergo a suitable pre-release program.