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)](#GS15@Gs1@EN) 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)](#GS13@Gs1@EN) in relation to the offender. > > > (3)  If the Supreme Court receives an application under [subsection (1)](#GS13@Gs1@EN) in relation to an offender, the Court must, before making a determination under [section 15(1)](#GS15@Gs1@EN) 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)](#GS15@Gs1@EN) 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)](#GS15@Gs2@EN) 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)](#GS21@Gs1@EN) , in relation to the offender. > > > (6)  A pre-release order is an order setting out the requirements, referred to in [section 20(1)](#GS20@Gs1@EN) , that are to apply in relation to the offender to whom the order relates before the Supreme Court determines under [section 15(1)](#GS15@Gs1@EN) 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 – > > > > > > (a) whether the Supreme Court ought to make a pre-release order in relation to the offender; and > > > > > > > (b) the requirements that the Supreme Court ought to specify under [section 20(1)](#GS20@Gs1@EN) in a pre-release order in relation to the offender. > > > (8)  If the Supreme Court makes under [subsection (3)](#GS13@Gs3@EN) or [(4)](#GS13@Gs4@EN) a pre-release order in relation to an offender to whom a review application relates, the Court must, without determining the review application – > > > > > > (a) specify a date in the pre-release order to be the date to which the hearing is adjourned; and > > > > > > > (b) adjourn to that date the hearing in relation to the review application. > > > (9)  A date specified in a pre-release order in relation to an offender in accordance with [subsection (8)](#GS13@Gs8@EN) is not to be more than 12 months from the day on which the pre-release order is made.