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)](#GS10@Gs1@EN) in relation to an offender – > > > > > > (a) except if [paragraph (b)](#GS10@Gs2@Hpb@EN) 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)](#GS15@Gs1@EN) . > > > (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)](#GS10@Gs1@EN) in accordance with [subsection (2)(a)](#GS10@Gs2@Hpa@EN) or [(b)](#GS10@Gs2@Hpb@EN) ; 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)](#GS10@Gs1@EN) 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)](#GS10@Gs3@EN) is to be served on the DPP. > > > (6)  A review application may be withdrawn or discontinued by leave of the Supreme Court. > > > (7)  The DPP must provide to the risk assessment committee a copy of a review application, made under [subsection (1)](#GS10@Gs1@EN) or [subsection (3)](#GS10@Gs3@EN) , as soon as practicable after the review application is made.