26BCVulnerable offenders

#### 26BC Vulnerable offenders 26BC Vulnerable offenders > > (1) An offender in custody is considered to be a vulnerable offender for the purposes of this Division if— > > > > > (a) the offender has a reasonable apprehension that the offender’s safety will be put at risk if the offender gives notice as required by section 26BA or complies with a request of the protected defendant under section 26BB, and > > > > > (b) the offender has (as a result of that reasonable apprehension) applied to be placed in protective custody or transferred to another correctional facility. > > > (2) The offender ceases to be a vulnerable offender when any of the following happens— > > > > > (a) the offender is transferred to another correctional facility or placed in protective custody in response to the offender’s application, > > > > > (b) the offender declines an offer to be transferred to another correctional facility or be placed in protective custody in response to the offender’s application, > > > > > (c) the offender’s application is rejected on the ground that the offender has failed to establish that the application is made on reasonable grounds. > > **pt 2A, div 1A (ss 26BA–26BD):** Ins 2008 No 84, Sch 1 \[6\].