34Hearing of application

34 Hearing of application

(1)  The Supreme Court must, within 28 days after receiving an application or within a longer period allowed by the Court, conduct a hearing in relation to the application.

(2)  [Section 34 Subsection (2) amended by No. 4 of 2023, s. 31, Applied:25 Sep 2023] [Section 34 Subsection (2) substituted by No. 33 of 2023, s. 13, Applied:27 Nov 2023] After receiving an application in relation to an offender, the Supreme Court may make one or more of the following orders:

(a) an order for the Chief Psychiatrist under the Mental Health Act 2013 to provide to the Court, by the date specified in the order, a report, prepared by a psychiatrist, psychologist or medical practitioner, as to the likelihood of the offender committing another serious offence unless an HRO order is made in relation to the offender;

(b) if a copy of a behavioural report or a management report was provided to the DPP under section 27(4) in respect of the offender, an order for an updated report to be provided to the Court by the date specified in the order;

(c) if a behavioural report or a management report was not provided to the DPP under section 27(4) in respect of the offender, either or both of the following reports be provided to the Court by the date specified in the order:

(i) a behavioural report within the meaning of section 27(2) ;

(ii) a management report, within the meaning of section 27(3) , by the relevant agency specified in the order or, if no agency is so specified, by any relevant agency.

(3)  If an order is made under subsection (2) , the date specified in the order is to be no later than 14 days before the date set for the hearing of the application.

(4)  The Supreme Court may order an offender to whom an application relates to submit to examination by a person who is to prepare, in relation to the offender, a report in accordance with an order under subsection (2) .