10Application for review of declaration

10 Application for review of declaration

(1)  The DPP may make an application to the Supreme Court (a review application) for a review of a declaration in relation to an offender who is a dangerous criminal.

(2)  The DPP must make an application under subsection (1) in relation to an offender –

(a) except if paragraph (b) applies, within 12 months before the day by which all relevant custodial sentences in relation to the offender have expired; and

(b) if all relevant custodial sentences in relation to the offender have expired before the day on which this section commences – at least once within the first 3-year period after the day on which this section commences; and

(c) at least once within each 3-year period after the most recent determination, to refuse to make an order discharging the declaration in relation to the offender, is made under section 15(1) .

(3)  An offender who is a dangerous criminal may make an application to the Supreme Court (a review application) for a review of a declaration in relation to the offender, if –

(a) the review application is made after the determination of a review application made under subsection (1) in accordance with subsection (2)(a) or (b) ; and

(b) the Supreme Court grants leave to the offender to make the review application, on the grounds that exceptional circumstances apply in relation to the offender.

(4)  A review application is to be in writing.

(5)  A copy of –

(a) a review application under subsection (1) in relation to a declaration is to be served on the offender to whom the declaration relates; and

(b) a review application under subsection (3) is to be served on the DPP.

(6)  A review application may be withdrawn or discontinued by leave of the Supreme Court.