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)  [*\[Section 35 Subsection (4) inserted by No. 23 of 2025, s. 5, Applied:27 Nov 2025\]*](/view/html/inforce/2025-11-27/act-2025-023#GS5@EN) If the Supreme Court makes an HRO order under [subsection (1)(a)](#GS35@Gs1@Hpa@EN) , 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)  [*\[Section 35 Subsection (5) inserted by No. 23 of 2025, s. 5, Applied:27 Nov 2025\]*](/view/html/inforce/2025-11-27/act-2025-023#GS5@EN) As soon as practicable after making an order under [subsection (4)(a)](#GS35@Gs4@Hpa@EN) , 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)  [*\[Section 35 Subsection (6) inserted by No. 23 of 2025, s. 5, Applied:27 Nov 2025\]*](/view/html/inforce/2025-11-27/act-2025-023#GS5@EN) A warrant under [subsection (5)](#GS35@Gs5@EN) is sufficient authority for the offender to be kept in custody in accordance with the terms of the warrant.