TASIn ForceAct
Dangerous Criminals and High Risk Offenders Act 2021
5Reports and examination of offender to whom application under section 4(1) relates
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### 5 Reports and examination of offender to whom application under section 4(1) relates
> > (1) The Supreme Court, after receiving an application under [section 4(1)](#GS4@Gs1@EN) in relation to an offender –
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> > > > (a) must order that the DPP provide to the Court, by the date specified in the order, each report, if any, in relation to the offender, provided to the DPP under [section 27(4)](#GS27@Gs4@EN) or [section 29(5)](#GS29@Gs5@EN) ; and
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> > > > (b) [*\[Section 5 Subsection (1) amended by No. 4 of 2023, s. 28, Applied:25 Sep 2023\]*](/view/html/inforce/2023-09-25/act-2023-004#GS28@EN) may order that the Chief Psychiatrist provide to the Court, by the date specified in the order, a report, prepared by a psychiatrist, psychologist or medical practitioner, as to the risk of the offender being a serious danger to the community.
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> > (2) The Supreme Court –
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> > > > (a) may order the DCS or any other person to prepare and provide to the Court a report in relation to the offender addressing the matters that the Court specifies in the order; and
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> > > > (b) may have regard to the report for the purpose of determining the application under [section 4(1)](#GS4@Gs1@EN) .
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> > (3) The Supreme Court is to provide to –
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> > > > (a) the DPP a copy of a report that is provided to the Court in accordance with an order under [subsection (1)](#GS5@Gs1@EN) or [(2)](#GS5@Gs2@EN) , other than a report provided to the Court by the DPP; and
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> > > > (b) the offender a copy of a report in relation to the offender that is provided to the Court in accordance with an order under [subsection (1)](#GS5@Gs1@EN) or [(2)](#GS5@Gs2@EN) .
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> > (4) The Supreme Court may order an offender to submit to examination by a person who is to prepare in relation to the offender a report that is to be provided to the Court under [subsection (1)(b)](#GS5@Gs1@Hpb@EN) or [(2)](#GS5@Gs2@EN) .
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> > (5) If –
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> > > > (a) the DPP or the offender proposes to tender a report at the hearing of an application under [section 4(1)](#GS4@Gs1@EN) ; and
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> > > > (b) the DPP or the offender has caused the report to be prepared otherwise than in accordance with an order under [subsection (2)](#GS5@Gs2@EN) –
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> > the DPP or the offender, respectively, is to provide to the other party to the application a copy of the report at least 7 days, or within such other period ordered by the Court, before the hearing of the application.