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)](#GS15@Gs1@Hpa@EN) an order discharging a declaration in relation to an offender; and > > > > > > > (b) an application has, by that day, been made under [section 33(1)](#GS33@Gs1@EN) 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)](#GS33@Gs1@EN) and made an order under [subsection (3)](#GS18@Gs3@EN) . > > > (2)  If the Supreme Court, on a day, makes under [section 15(1)(a)](#GS15@Gs1@Hpa@EN) an order discharging a declaration in relation to an offender and an application has not been, by that day, made under [section 33(1)](#GS33@Gs1@EN) 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)](#GS33@Gs1@EN) 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)](#GS33@Gs1@EN) for an HRO order in relation to the offender; or > > > > > > > > > > > (ii) make an application under [section 33(1)](#GS33@Gs1@EN) 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)](#GS18@Gs3@EN) in relation to the offender. > > > (3)  If the Supreme Court makes, under [section 15(1)(a)](#GS15@Gs1@Hpa@EN) , 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 – > > > > > > (a) it is informed in accordance with [subsection (2)(b)(i)](#GS18@Gs2@Hpb@Hqi@EN) that the DPP does not intend to make an application under [section 33(1)](#GS33@Gs1@EN) for an HRO order in relation to the offender; or > > > > > > > (b) an application that is made under [section 33(1)](#GS33@Gs1@EN) for an HRO order in relation to the offender is determined by the Court after the date on which the order under [section 15(1)(a)](#GS15@Gs1@Hpa@EN) is made. > > > (4)  Despite [subsection (3)](#GS18@Gs3@EN) , if [subsection (1)](#GS18@Gs1@EN) , [(2)](#GS18@Gs2@EN) or [(3)](#GS18@Gs3@EN) applies in relation to an offender and an HRO order is made under [section 35(1)](#GS35@Gs1@EN) in relation to the offender, the Supreme Court may, if the Court considers that it is necessary to detain the offender for a period in order to enable arrangements to be made for the offender to be supervised under the HRO order – > > > > > > (a) order that the offender be detained for a period specified in the order, of not more than 7 days, after the offender would, but for the order, cease to be in custody; and > > > > > > > (b) defer the commencement of the HRO order until the end of the period specified in the order.