Victorian Numbered Acts

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SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 71

Application for renewal of detention order

    (1)     At any time before the expiry of a detention order in respect of an eligible offender, the DPP may apply to the Supreme Court for the renewal of the order.

    (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 or a progress 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 or progress report 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 hearing and determining 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 8(4).

    (5)     An application for the renewal of a detention order may be made more than once.

    (6)     An application for the renewal of a detention order may be made even if the offender is remanded in custody or is serving a custodial sentence.

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 relating to an application.



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