17Determination of application for continuing detention order

#### 17 Determination of application for continuing detention order 17 Determination of application for continuing detention order > > (1) The Supreme Court may determine an application under this Part for a continuing detention order— > > > > > (a) by making an extended supervision order, or > > > > > (b) by making a continuing detention order, or > > > > > (c) by dismissing the application. > > > (2) In determining whether or not to make a continuing detention order or extended supervision order, the safety of the community must be the paramount consideration of the Supreme Court. > > > (3), (3A) (Repealed) > > > (4) In determining whether or not to make a continuing detention order or extended supervision order, the Supreme Court must also have regard to the following matters in addition to any other matter it considers relevant— > > > > > (a) (Repealed) > > > > > (b) the reports received from the persons appointed under section 15 (4) to conduct examinations of the offender, and the level of the offender’s participation in any such examination, > > > > > (c) the results of any other assessment prepared by a qualified psychiatrist, registered psychologist or registered medical practitioner as to the likelihood of the offender committing a further serious offence, the willingness of the offender to participate in any such assessment, and the level of the offender’s participation in any such assessment, > > > > > (d) the results of any statistical or other assessment as to the likelihood of persons with histories and characteristics similar to those of the offender committing a further serious offence, > > > > > (d1) any report prepared by Corrective Services NSW as to the extent to which the offender can reasonably and practicably be managed in the community, > > > > > (e) any treatment or rehabilitation programs in which the offender has had an opportunity to participate, the willingness of the offender to participate in any such programs, and the level of the offender’s participation in any such programs, > > > > > (e1) if the offender is kept in custody or is in the community (whether or not under supervision)—any options available that might reduce the likelihood of the offender re-offending over time, > > > > > (e2) whether it is satisfied that the offender is likely to comply with the obligations of an extended supervision order, > > > > > (f) without limiting paragraph (e2), the level of the offender’s compliance with any obligations to which he or she is or has been subject while on release on parole or while subject to an interim supervision order or an extended supervision order, > > > > > (g) the level of the offender’s compliance with any obligations to which he or she is or has been subject under the [Child Protection (Offenders Registration) Act 2000](/view/html/inforce/current/act-2000-042) or the [Child Protection (Offenders Prohibition Orders) Act 2004](/view/html/inforce/current/act-2004-046), > > > > > (h) the offender’s criminal history (including prior convictions and findings of guilt in respect of offences committed in New South Wales or elsewhere), and any pattern of offending behaviour disclosed by that history, > > > > > (h1) the views of the sentencing court at the time the sentence of imprisonment was imposed on the offender, > > > > > (i) any other information that is available as to the likelihood that the offender will commit a further serious offence, > > > > > (j) in the case of an application made on the basis that the offender has been found guilty of an offence of failing to comply with the requirements of an extended supervision order or interim supervision order—the nature of the failure to comply with those requirements and the likelihood of further failures to comply, > > > > > (k) in the case of an application made on the basis that circumstances have altered since the making of an extended supervision order or interim supervision order against the offender—whether circumstances have altered since the making of the order and whether those altered circumstances mean that the risk of the offender committing a serious offence would be unacceptable unless a continuing detention order were made. > > > (4A) To avoid doubt, section 11 (2) applies to an extended supervision order made under this section. > > > (4B) (Repealed) > > > (5) In determining whether or not to make a continuing detention order, the Supreme Court is not to consider the ability to take action for a breach of the order in relation to whether there is an unacceptable risk of the offender committing further serious offences. > > **s 17:** Am 2007 No 97, Sch 3.1 \[14\] \[15\]; 2008 No 53, Sch 9 \[5\]; 2010 No 137, Sch 1 \[5\] \[7\] \[8\] \[16\]–\[19\]; 2013 No 4, Sch 1 \[27\]–\[31\]; 2017 No 54, Sch 1 \[32\]–\[40\]; 2018 No 94, Sch 1.4 \[5\].