sec.13Division 3 orders

### sec.13 Division 3 orders This section applies if, on the hearing of an application for a division 3 order, the court is satisfied the prisoner is a serious danger to the community in the absence of a division 3 order (a serious danger to the community ). A prisoner is a serious danger to the community as mentioned in subsection (1) if there is an unacceptable risk that the prisoner will commit a serious sexual offence— if the prisoner is released from custody; or if the prisoner is released from custody without a supervision order being made. On hearing the application, the court may decide that it is satisfied as required under subsection (1) only if it is satisfied— by acceptable, cogent evidence; and to a high degree of probability; that the evidence is of sufficient weight to justify the decision. In deciding whether a prisoner is a serious danger to the community as mentioned in subsection (1) , the court must have regard to the following— any report produced under section 8A ; the reports prepared by the psychiatrists under section 11 and the extent to which the prisoner cooperated in the examinations by the psychiatrists; any other medical, psychiatric, psychological or other assessment relating to the prisoner; information indicating whether or not there is a propensity on the part of the prisoner to commit serious sexual offences in the future; whether or not there is any pattern of offending behaviour on the part of the prisoner; efforts by the prisoner to address the cause or causes of the prisoner’s offending behaviour, including whether the prisoner participated in rehabilitation programs; whether or not the prisoner’s participation in rehabilitation programs has had a positive effect on the prisoner; the prisoner’s antecedents and criminal history; the risk that the prisoner will commit another serious sexual offence if released into the community; the need to protect members of the community from that risk; any other relevant matter. If the court is satisfied as required under subsection (1) , the court may order— that the prisoner be detained in custody for an indefinite term for control, care or treatment ( continuing detention order ); or that the prisoner be released from custody subject to the requirements it considers appropriate that are stated in the order ( supervision order ). In deciding whether to make an order under subsection (5) (a) or (b) — the paramount consideration is to be the need to ensure adequate protection of the community; and the court must consider whether— adequate protection of the community can be reasonably and practicably managed by a supervision order; and requirements under section 16 can be reasonably and practicably managed by corrective services officers. The Attorney-General has the onus of proving that a prisoner is a serious danger to the community as mentioned in subsection (1) . s 13 amd 2007 No. 35 s 2C ; 2010 No. 34 s 7 (sec.13-ssec.1) This section applies if, on the hearing of an application for a division 3 order, the court is satisfied the prisoner is a serious danger to the community in the absence of a division 3 order (a serious danger to the community ). (sec.13-ssec.2) A prisoner is a serious danger to the community as mentioned in subsection (1) if there is an unacceptable risk that the prisoner will commit a serious sexual offence— if the prisoner is released from custody; or if the prisoner is released from custody without a supervision order being made. (sec.13-ssec.3) On hearing the application, the court may decide that it is satisfied as required under subsection (1) only if it is satisfied— by acceptable, cogent evidence; and to a high degree of probability; that the evidence is of sufficient weight to justify the decision. (sec.13-ssec.4) In deciding whether a prisoner is a serious danger to the community as mentioned in subsection (1) , the court must have regard to the following— any report produced under section 8A ; the reports prepared by the psychiatrists under section 11 and the extent to which the prisoner cooperated in the examinations by the psychiatrists; any other medical, psychiatric, psychological or other assessment relating to the prisoner; information indicating whether or not there is a propensity on the part of the prisoner to commit serious sexual offences in the future; whether or not there is any pattern of offending behaviour on the part of the prisoner; efforts by the prisoner to address the cause or causes of the prisoner’s offending behaviour, including whether the prisoner participated in rehabilitation programs; whether or not the prisoner’s participation in rehabilitation programs has had a positive effect on the prisoner; the prisoner’s antecedents and criminal history; the risk that the prisoner will commit another serious sexual offence if released into the community; the need to protect members of the community from that risk; any other relevant matter. (sec.13-ssec.5) If the court is satisfied as required under subsection (1) , the court may order— that the prisoner be detained in custody for an indefinite term for control, care or treatment ( continuing detention order ); or that the prisoner be released from custody subject to the requirements it considers appropriate that are stated in the order ( supervision order ). (sec.13-ssec.6) In deciding whether to make an order under subsection (5) (a) or (b) — the paramount consideration is to be the need to ensure adequate protection of the community; and the court must consider whether— adequate protection of the community can be reasonably and practicably managed by a supervision order; and requirements under section 16 can be reasonably and practicably managed by corrective services officers. (sec.13-ssec.7) The Attorney-General has the onus of proving that a prisoner is a serious danger to the community as mentioned in subsection (1) . - (a) if the prisoner is released from custody; or - (b) if the prisoner is released from custody without a supervision order being made. - (a) by acceptable, cogent evidence; and - (b) to a high degree of probability; - (aa) any report produced under section 8A ; - (a) the reports prepared by the psychiatrists under section 11 and the extent to which the prisoner cooperated in the examinations by the psychiatrists; - (b) any other medical, psychiatric, psychological or other assessment relating to the prisoner; - (c) information indicating whether or not there is a propensity on the part of the prisoner to commit serious sexual offences in the future; - (d) whether or not there is any pattern of offending behaviour on the part of the prisoner; - (e) efforts by the prisoner to address the cause or causes of the prisoner’s offending behaviour, including whether the prisoner participated in rehabilitation programs; - (f) whether or not the prisoner’s participation in rehabilitation programs has had a positive effect on the prisoner; - (g) the prisoner’s antecedents and criminal history; - (h) the risk that the prisoner will commit another serious sexual offence if released into the community; - (i) the need to protect members of the community from that risk; - (j) any other relevant matter. - (a) that the prisoner be detained in custody for an indefinite term for control, care or treatment ( continuing detention order ); or - (b) that the prisoner be released from custody subject to the requirements it considers appropriate that are stated in the order ( supervision order ). - (a) the paramount consideration is to be the need to ensure adequate protection of the community; and - (b) the court must consider whether— (i) adequate protection of the community can be reasonably and practicably managed by a supervision order; and (ii) requirements under section 16 can be reasonably and practicably managed by corrective services officers. - (i) adequate protection of the community can be reasonably and practicably managed by a supervision order; and - (ii) requirements under section 16 can be reasonably and practicably managed by corrective services officers. - (i) adequate protection of the community can be reasonably and practicably managed by a supervision order; and - (ii) requirements under section 16 can be reasonably and practicably managed by corrective services officers.