Victorian Numbered Acts Victorian Numbered Acts(1) At any time before the expiry of an interim detention order, the DPP may apply to the Supreme Court to extend the order.
(2) An application under subsection (1) is commenced by filing a notice of application in accordance with the rules of court, if any.
(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 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 an interim detention order.
(4) Service under subsection (3) may be by post.
Note
See Part 10 for the procedure in respect of the application.
(5) Despite subsections (2), (3) and (4), an application under subsection (1) may be made by oral submission at a directions hearing under section 126.
(6) An application under subsection (1) must be discontinued if—
(a) the interim detention order has expired; or
(b) the offender has ceased to be an eligible offender by reason of section 8(4).
(7) An application for the extension of an interim detention order may be made more than once in respect of an eligible offender.
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.