4Revocation of supervision order

4 Revocation of supervision order

(1) Despite anything to the contrary in Part 5, an existing detainee who has been, or is deemed to have been, on extended leave for a period of at least 12 months may apply to the court that made the original order under which he or she was detained for revocation of his or her supervision order.

(2) On an application under subclause (1) the court may revoke the supervision order if satisfied on the evidence available that the safety of the existing detainee or members of the public will not be seriously endangered as a result of the revocation of the order.

(3) In considering an application for revocation of a supervision order in respect of an existing detainee the court may take into account any reports on the existing detainee made by, or submitted to, the Adult Parole Board before the commencement day.

5 Persons released under section 498 of Crimes Act 1958

Despite the repeal of section 498 of the Crimes Act 1958, any conditions imposed on a person under that section that were in force immediately before the commencement day continue to apply on and after the commencement day.

6 Unfitness to stand trial

(1) Part 2 applies with respect to an offence that is alleged to have been committed, whether before, on or after the commencement day.

(2) If a person has been found unfit to stand trial but no order has been made in respect of the person before the commencement day, the court must proceed to hold a special hearing under Part 3 in respect of the person.

7 Mental impairment and insanity

(1) Despite section 25, the defence of insanity continues to apply with respect to any offence alleged to have been committed before the commencement day.

(2) If a jury returns a verdict of not guilty on account of insanity in relation to a person charged with an offence alleged to have been committed before the commencement day, that verdict is to be taken for all purposes to be a finding of not guilty because of mental impairment under Part 4.

Sch. 3 cl. 8 inserted by No. 7/2002 s. 33(2).

8 Periodic major reviews

Section 35, as amended by section 14 of the Forensic Health Legislation (Amendment) Act 2002, applies to a supervision order made before, on or after the commencement of that section 14.

Sch. 3 cl. 9 inserted by No. 7/2002 s. 33(2).

9 Notification requirements

Sections 38A, 38B, 38C and 38E, as inserted by section 17 of the Forensic Health Legislation (Amendment) Act 2002, apply to—

(a) applications that are made after the commencement of that section 17; and