5Reports and examination of offender to whom application under section 4(1) relates

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) in relation to an offender –

(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) or section 29(5) ; and

(b) [Section 5 Subsection (1) amended by No. 4 of 2023, s. 28, Applied:25 Sep 2023] 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.

(2)  The Supreme Court –

(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

(b) may have regard to the report for the purpose of determining the application under section 4(1) .

(3)  The Supreme Court is to provide to –

(a) the DPP a copy of a report that is provided to the Court in accordance with an order under subsection (1) or (2) , other than a report provided to the Court by the DPP; and

(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) or (2) .

(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) or (2) .

(5)  If –

(a) the DPP or the offender proposes to tender a report at the hearing of an application under ; and