Victorian Numbered Acts

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SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 61

Application for detention order

    (1)     The DPP may apply to the Supreme Court for a detention order in respect of a person who is an eligible offender at the time when the application is commenced.

    (2)     An application under subsection (1) is commenced by filing—

        (a)     a notice of application in accordance with the rules of court, if any; and

        (b)     an assessment report in respect of the eligible offender or, if the eligible offender is subject to a supervision order or an emergency detention order, a progress report and the most recent assessment report in respect of the eligible offender.

    (3)     As soon as practicable after an application under subsection (1) is commenced, the DPP must serve on the eligible offender—

        (a)     a copy of the notice of application; and

        (b)     a copy of the assessment report and the progress report (if any) filed with the application; and

        (c)     a notice (in the prescribed form, if any) setting out—

              (i)     the rights of an eligible offender in relation to the application, including rights of appeal; and

              (ii)     the procedure for the hearing and determination of the application; and

              (iii)     the nature of a detention order and a supervision order.

    (4)     An application under subsection (1) must be discontinued if the offender ceases to be an eligible offender by reason of section 7(4).

Notes

1     See section 342 for service of documents.

2     See section 124 for exclusion of evidence from disclosure to an offender.

3         See Part 10 for the procedure in respect of the application.



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