15Determination of review application

### 15 Determination of review application > > (1)  On a review application in relation to a declaration in relation to an offender, the Supreme Court – > > > > > > (a) must make an order discharging the declaration, if it is not satisfied to a high degree of probability that the offender is still, at the time when the order is made, a serious danger to the community; or > > > > > > > (b) must refuse to make an order discharging the declaration, if it is satisfied to a high degree of probability that the offender is still, at the time of refusing to make the order, a serious danger to the community. > > > (2)  The Supreme Court must, in determining whether it is satisfied that an offender is still a serious danger to the community, consider – > > > > > > (a) the offender’s antecedents, age and character; and > > > > > > > (b) the need to protect the community from the offender; and > > > > > > > (c) each report, in relation to the offender, that is before the Court, including any report by a psychiatrist, psychologist or medical practitioner or under the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) ; and > > > > > > > (d) each previous declaration in relation to the offender, any information that the court that made the declaration relied upon in deciding to make the declaration and that is information available to the Supreme Court and any reasons, specified by the court that made the declaration, as to why the declaration was made; and > > > > > > > (e) each previous determination of a review application in relation to an offender, any information that the court that made the determination relied upon in deciding to make the determination and that is information available to the Supreme Court and any reasons, specified by the court that made the determination, as to why the determination was made; and > > > > > > > (f) the reports provided to the Court in accordance with an order under [section 11](#GS11@EN) ; and > > > > > > > (g) any report provided under [section 11(5)](#GS11@Gs5@EN) to a party to the review application; and > > > > > > > (h) any evidence that is adduced under [section 12(5)](#GS12@Gs5@EN) or that is presented or tendered at the hearing of the review application; and > > > > > > > (i) whether the risk that the offender is still a serious danger to the community may be appropriately mitigated by imposing an HRO order on the offender instead of refusing to discharge a declaration in relation to the offender; and > > > > > > > (j) any other matters that the Supreme Court thinks fit. > > > (3)  The DPP has the onus of proving that an offender is still a serious danger to the community. > > > (4)  A reference in this section to an offender still being a serious danger to the community includes a reference to the offender still being a serious danger only to some members of the community.