Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 89

Determination of application for emergency detention order

    (1)     On an application under section 87, the Supreme Court may make an emergency detention order in respect of an offender if it appears to the court that the matters alleged in support of the application would, if proved, establish that because of altered circumstances the offender poses an imminent risk of committing a serious sex offence or a serious violence offence or both if the emergency detention order is not made.

    (2)     In determining whether or not to make an emergency detention order, the Supreme Court must have regard to—

        (a)     any assessment report or progress report filed in relation to the application; and

        (b)     any other report made, or evidence given, in relation to the application; and

        (c)     any other matter the court considers appropriate.

    (3)     In determining whether or not to make an emergency detention order, the Supreme Court may have regard to—

        (a)     the means of managing the imminent risk referred to in subsection (1); and

        (b)     the likely impact of an emergency detention order on the offender.

    (4)     The Supreme Court may make no order in circumstances where it is empowered to make an emergency detention order under this section.

    (5)     The Supreme Court cannot make more than one emergency detention order in respect of the same occasion of change in circumstances.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback