7Declaration of dangerous criminal

### 7 Declaration of dangerous criminal > > (1)  The Supreme Court may declare an offender to be a dangerous criminal if – > > > > > > (a) an application under [section 4(1)](#GS4@Gs1@EN) is made in relation to the offender; and > > > > > > > (b) the offender has been convicted of a crime, involving violence or an element of violence, that is specified in the application; and > > > > > > > (c) the offender – > > > > > > > > > > (i) has not been sentenced for the crime specified in the application; or > > > > > > > > > > > (ii) is brought up for sentence for the crime specified in the application; or > > > > > > > > > > > (iii) is serving, or has been sentenced to serve, a custodial sentence in relation to the crime specified in the application (whether or not the sentence is being, or is to be, served concurrently with, or cumulatively on, another custodial sentence for another crime or offence); or > > > > > > > > > > > (iv) is serving, or has been sentenced to serve, a custodial sentence being served cumulatively on a custodial sentence for the crime to which [subparagraph (iii)](#GS7@Gs1@Hpc@Hqiii@EN) applies (whether or not the sentence is being served concurrently with, or cumulatively on, another custodial sentence for another crime or offence); and > > > > > > > (d) one of the following applies in relation to the offender: > > > > > > > > > > (i) the offender has at least one conviction, for a crime involving violence or an element of violence, in addition to the conviction for the crime specified in the application; > > > > > > > > > > > (ii) the crime specified in the application comprises multiple unlawful acts involving violence or an element of violence; and > > > > > > > (e) the offender has apparently attained the age of 17 years; and > > > > > > > (f) the Court is satisfied that the offender is, at the time when the declaration is made, a serious danger to the community; and > > > > > > > (g) the Court has sentenced, or intends to sentence, the offender to a term of imprisonment for the crime to which the application relates. > > > (2)  For the purposes of this section, the Supreme Court must, in determining whether it is satisfied that an offender is a serious danger to the community, consider – > > > > > > (a) whether the nature and circumstances of each offence, involving violence or an element of violence, for which the offender has been convicted are such as to warrant the indefinite detention of the offender in accordance with this Part; and > > > > > > > (b) the offender’s antecedents, age and character; and > > > > > > > (c) the need to protect the community from the offender; and > > > > > > > (d) each report, in relation to the offender, that is before the Court, including any report by a psychiatrist, psychologist or medical practitioner or under the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) ; and > > > > > > > (e) the risk of the offender being a serious danger to the community if the offender is not imprisoned; and > > > > > > > (f) any other matters that the Supreme Court considers relevant. > > > (3)  The DPP has the onus of proving that an offender is a serious danger to the community. > > > (4)  For the purposes of this section, the Supreme Court may only be satisfied that an offender is a serious danger to the community if it is satisfied to a high degree of probability that the offender is a serious danger to the community. > > > (5)  A reference in this section to an offender being a serious danger to the community includes a reference to the offender being a serious danger only to some members of the community. > > > (6)  A reference in [subsection (1)(d)](#GS7@Gs1@Hpd@EN) to a conviction for a crime involving violence or an element of violence includes a reference to – > > > > > > (a) any conviction for an offence, involving violence or an element of violence, against a law of this State, another State, a Territory or the Commonwealth; or > > > > > > > (b) any conviction for an offence, involving violence or an element of violence, against a law of this State, another State, a Territory or the Commonwealth, as a consequence of which a sentence is imposed by a court, on the committal of the accused to that court for sentence.