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Dangerous Prisoners (Sexual Offenders) Act 2003
sec.13Division 3 orders
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### 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.