35HRO orders

35 HRO orders

(1)  The Supreme Court may determine the hearing of an application in relation to an offender –

(a) by making a high risk offender order (an HRO order) in relation to the offender; or

(b) by refusing to make a high risk offender order in relation to the offender.

(2)  The Supreme Court may only make an HRO order in relation to an offender if the Court is satisfied to a high degree of probability that the offender poses an unacceptable risk of committing another serious offence unless an HRO order is made in relation to the offender.

(3)  The Supreme Court is not required to determine that it is more likely than not that an offender will commit a serious offence, in order to be satisfied to a high degree of probability that the offender poses an unacceptable risk of committing another serious offence unless an HRO order is made in relation to the offender.

(4)  [Section 35 Subsection (4) inserted by No. 23 of 2025, s. 5, Applied:27 Nov 2025] If the Supreme Court makes an HRO order under subsection (1)(a) , the 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 to give effect to conditions imposed by 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 that period.

(5)  [Section 35 Subsection (5) inserted by No. 23 of 2025, s. 5, Applied:27 Nov 2025] As soon as practicable after making an order under subsection (4)(a) , the Supreme Court must issue a warrant of committal of the offender for the period specified in the order after the offender would, but for the order, cease to be in custody.

(6)  [Section 35 Subsection (6) inserted by No. 23 of 2025, s. 5, Applied:27 Nov 2025] A warrant under is sufficient authority for the offender to be kept in custody in accordance with the terms of the warrant.