13Making of pre-release orders at hearing of review application

13 Making of pre-release orders at hearing of review application

(1)  If a review application in relation to an offender has been made but the Supreme Court has not determined the application under section 15(1) by discharging, or refusing to discharge, a declaration in relation to the offender, the DPP or the offender may apply to the Supreme Court for a pre-release order to be made in relation to the offender.

(2)  The Supreme Court may adjourn the hearing of a review application in relation to an offender if an application is made under subsection (1) in relation to the offender.

(3)  If the Supreme Court receives an application under subsection (1) in relation to an offender, the Court must, before making a determination under section 15(1) in relation to the offender –

(a) make a pre-release order in relation to the offender; or

(b) refuse to make a pre-release order in relation to the offender.

(4)  The Supreme Court may, of its own motion, before making a determination under section 15(1) in relation to an offender, make a pre-release order in relation to the offender.

(5)  The Supreme Court is to make a pre-release order in relation to an offender after considering –

(a) the matters referred to in section 15(2) in relation to the review application in relation to the offender; and

(b) any report provided in accordance with an order under section 21(1) , in relation to the offender.

(6)  A pre-release order is an order setting out the requirements, referred to in section 20(1) , that are to apply in relation to the offender to whom the order relates before the Supreme Court determines under section 15(1) the application by discharging, or refusing to discharge, a declaration in relation to the offender.

(7)  The DPP and an offender may make submissions to the Supreme Court as to –