38CNotice of hearings to family members and victims

38C Notice of hearings to family members and victims (1) The Director of Public Prosecutions must give notice of any court hearing referred to in subsection (2) in relation to a person who is subject to a supervision order to— (a) each family member of the person; and (b) each victim of the offence with which the person was charged. (2) The hearings of which notice is required to be given under this section are hearings of— (a) a major review; (b) a review directed under section 27(2), 32(5) or 33(2); (c) an application under section 31 for variation or revocation of a supervision order; (d) an application for extended leave, if the granting of the application would significantly reduce the degree of supervision to which the person is subject. (3) The notice must be given at least 14 days (or such lesser period as the court directs) before the day of the hearing. (4) Notice to a family member or victim who is under the age of 18 years is to be given to— (a) a parent or guardian of the person; or (b) if the court makes an order under section 38D, the person named in the order. (5) Notice is not to be given to a family member or victim who has given notice to the Director of Public Prosecutions that he or she does not wish to be notified of any hearing in relation to the person who is subject to the supervision order, and has not withdrawn that notice. (6) Notice to the Director of Public Prosecutions under subsection (5) may be given on behalf of a family member or victim who is under the age of 18 years by— (a) a parent or guardian; or (b) if the court makes an order under section 38D, the person named in the order. (7) Notice of a hearing need not be given to a person— (a) whose whereabouts have not, after reasonable enquiry, been ascertained; or (b) if an order is made under subsection (8) or (10). S. 38C(8) amended by Nos 29/2010 s. 27, 15/2015 s. 37(11). (8) On application by the Director of Public Prosecutions, the Attorney-General or the Secretary to the Department of Health and Human Services, the court may order that notice of a particular hearing need not be given to a family member or victim if the court is satisfied that giving such notice to them would be detrimental to their mental or physical health. (9) If the court makes an order under subsection (8), it may order that notice of the hearing be given to another person on their behalf. (10) If the court adjourns a hearing, the court may order that notice of the resumption of the hearing is not required to be given to a family member or victim. (11) If a person is both a family member and a victim, notice may be given to them in either of those capacities. S. 38D inserted by No. 7/2002 s. 17.