13BApplication for continuing detention order

13B Application for continuing detention order

13B Application for continuing detention order

(1) An application for a continuing detention order may be made only in respect of—

(a) a detained offender, or

(b) a supervised offender.

(2) A detained offender is an offender who, when the application for a continuing detention order is made, is in custody (referred to in this Part as the offender’s current custody)—

(a) while serving a sentence of imprisonment—

(i) for a serious offence, or

(ii) for an offence of a sexual nature, or

(iii) for an offence under section 12, or

(iv) that is an aggregate sentence of imprisonment in relation to which at least 1 of the offences to which the aggregate sentence relates is an offence referred to in subparagraph (i), (ii) or (iii), or

(v) for an offence, whether under a law of this State or another Australian jurisdiction, that is part of a cumulative sentence of imprisonment in relation to which at least 1 of the sentences of imprisonment comprising the cumulative sentence of imprisonment is a sentence of imprisonment referred to in subparagraph (i), (ii), (iii) or (iv), or

(b) under an existing continuing detention order, emergency detention order or interim detention order.

(3) An application for a continuing detention order in respect of a detained offender may not be made more than 9 months before—

(a) the end of the offender’s total sentence, or

(b) the expiry of the existing continuing detention order,

as appropriate.

(4) A supervised offender is an offender who, when the application for a continuing detention order is made, is an offender in lawful custody or under supervision—

(a) under an extended supervision order or an interim supervision order who—

(i) has been found guilty of an offence under section 12 in respect of that order, or

(ii) because of altered circumstances, poses an unacceptable risk of committing a serious offence if the continuing detention order is not made, or