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SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 106

Decision on supervision order—general

    (1)     Subject to section 107, on a review of a supervision order, the court must revoke the supervision order unless it is satisfied that     the offender still poses, or after release from custody will pose, an unacceptable risk of committing a serious sex offence or a serious violence offence or both if a supervision order is not in effect and the offender is in the community.

    (2)     The court may make an order under this section even if the offender is remanded in custody or is serving a custodial sentence.

    (3)     Section 14(2)(b), (3), (4) and (5) (with any necessary modifications) apply to the review of a supervision order.

    (4)     Subject to subsections (5) and (6) , the court must confirm the supervision order unless—

        (a)     the court has revoked the supervision order; or

        (b)     an application for a detention order has been made under section 107.

    (5)     If the court confirms a supervision order, it may—

        (a)     vary, add or remove any condition of the order; or

        (b)     vary the maximum intervals between applications for review.

    (6)     If the court exercises a power under subsection (5) in respect of a supervision order, the court must ensure that the conditions on the order are in accordance with the requirements of section 14 and Division 3 of Part 3 and make any variations or additions to the conditions that are necessary for this purpose.

    (7)     Divisions 3 and 4 of Part 3 apply to any variation or addition of a condition of a supervision order under subsections (5) and (6).



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