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Dangerous Criminals and High Risk Offenders Act 2021
34Hearing of application
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### 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.
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> > (2) [*\[Section 34 Subsection (2) amended by No. 4 of 2023, s. 31, Applied:25 Sep 2023\]*](/view/html/inforce/2023-09-25/act-2023-004#GS31@EN) [*\[Section 34 Subsection (2) substituted by No. 33 of 2023, s. 13, Applied:27 Nov 2023\]*](/view/html/inforce/2023-11-27/act-2023-033#GS13@EN) After receiving an application in relation to an offender, the Supreme Court may make one or more of the following orders:
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> > > > (a) an order for the Chief Psychiatrist under the [Mental Health Act 2013](/view/html/inforce/2026-04-12/act-2013-002) 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;
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> > > > (b) if a copy of a behavioural report or a management report was provided to the DPP under [section 27(4)](#GS27@Gs4@EN) in respect of the offender, an order for an updated report to be provided to the Court by the date specified in the order;
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> > > > (c) if a behavioural report or a management report was not provided to the DPP under [section 27(4)](#GS27@Gs4@EN) in respect of the offender, either or both of the following reports be provided to the Court by the date specified in the order:
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> > > > > > (i) a behavioural report within the meaning of [section 27(2)](#GS27@Gs2@EN) ;
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> > > > > > (ii) a management report, within the meaning of [section 27(3)](#GS27@Gs3@EN) , by the relevant agency specified in the order or, if no agency is so specified, by any relevant agency.
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> > (3) If an order is made under [subsection (2)](#GS34@Gs2@EN) , the date specified in the order is to be no later than 14 days before the date set for the hearing of the application.
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> > (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)](#GS34@Gs2@EN) .
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> > (5) A copy of a report to be provided to the Supreme Court in accordance with an order under [subsection (2)](#GS34@Gs2@EN) is to be provided to the DPP and the offender.
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> > (6) The DPP or the offender may adduce evidence at a hearing in relation to an application.
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> > (7) If a document or report provided to the Court, or tendered, under this Part is disputed by a party to the application –
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> > > > (a) the disputing party to the application is entitled to cross-examine the author of the report; and
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> > > > (b) if the author of the report is cross-examined, the other party is entitled to examine the author of the report by way of reply.