18Applications for HRO orders where declaration discharged

18 Applications for HRO orders where declaration discharged

(1)  If –

(a) the Supreme Court, on a day, makes under section 15(1)(a) an order discharging a declaration in relation to an offender; and

(b) an application has, by that day, been made under section 33(1) for an HRO order in relation to the offender but the application has not been determined; and

(c) but for the declaration, the offender would cease to be in custody –

the Supreme Court must order that the offender must not be released from custody until the Supreme Court has determined the application made under section 33(1) and made an order under subsection (3) .

(2)  If the Supreme Court, on a day, makes under section 15(1)(a) an order discharging a declaration in relation to an offender and an application has not been, by that day, made under section 33(1) for an HRO order in relation to the offender –

(a) the Supreme Court must request the DPP to inform the Court whether the DPP intends to make an application under section 33(1) for an HRO order in relation to the offender; and

(b) the DPP must, within 14 days –

(i) inform the Court that the DPP does not intend to make an application under section 33(1) for an HRO order in relation to the offender; or

(ii) make an application under section 33(1) for an HRO order in relation to the offender; and

(c) the Supreme Court must, if, but for the declaration, the offender would cease to be in custody, order that the offender must not be released from custody until an order has been made under subsection (3) in relation to the offender.

(3)  If the Supreme Court makes, under section 15(1)(a) , an order discharging a declaration in relation to an offender, the Supreme Court must make another order, for the release of the offender from custody from a date specified in that other order, if –