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Dangerous Criminals and High Risk Offenders Act 2021
10Application for review of declaration
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### 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.
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> > (2) The DPP must make an application under [subsection (1)](#GS10@Gs1@EN) in relation to an offender –
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> > > > (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
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> > > > (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
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> > > > (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) .
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> > (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 –
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> > > > (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
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> > > > (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.
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> > (4) A review application is to be in writing.
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> > (5) A copy of –
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> > > > (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
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> > > > (b) a review application under [subsection (3)](#GS10@Gs3@EN) is to be served on the DPP.
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> > (6) A review application may be withdrawn or discontinued by leave of the Supreme Court.
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> > (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.