QLDIn ForceAct
Dangerous Prisoners (Sexual Offenders) Act 2003
sec.19DApplication of provisions for division 3 orders
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### sec.19D Application of provisions for division 3 orders
Division 1 (other than section 5 (1) and (2) ), division 2 , section 13 , section 15 and divisions 3B and 3C apply for the application and the operation of any further supervision order for the released prisoner—
as if a reference in the provisions to a division 3 order were a reference to a further supervision order; and
as if a reference in the provisions to an application for a division 3 order were a reference to an application under this division; and
as if a reference in the provisions to the prisoner were a reference to the released prisoner; and
as if a reference in the provisions to a prisoner’s release day were a reference to the day that the current order expires; and
as if the reference in section 5 (5) to 2 business days were a reference to 7 business days; and
as if the psychiatrist’s assessment under section 11 (2) (a) were an assessment of the level of risk that the released prisoner will, after the expiry of the current order, commit another serious sexual offence if a further supervision order is not made; and
as if the references in section 13 (5) to the making of an order were only a reference to the making of a further supervision order for the released prisoner; and
as if the reference in section 16 to the ordering of release from custody were a reference to the making of a further supervision order; and
with other necessary changes.
If the court is satisfied the application may not be finally decided until after the current order expires, it may make an interim supervision order for the released prisoner.
The power under subsection (2) applies for the application instead of the power to make the orders mentioned in section 8 (2) (b) or 9A (2) as applied under subsection (1) .
s 19D ins 2010 No. 34 s 17
(sec.19D-ssec.1) Division 1 (other than section 5 (1) and (2) ), division 2 , section 13 , section 15 and divisions 3B and 3C apply for the application and the operation of any further supervision order for the released prisoner— as if a reference in the provisions to a division 3 order were a reference to a further supervision order; and as if a reference in the provisions to an application for a division 3 order were a reference to an application under this division; and as if a reference in the provisions to the prisoner were a reference to the released prisoner; and as if a reference in the provisions to a prisoner’s release day were a reference to the day that the current order expires; and as if the reference in section 5 (5) to 2 business days were a reference to 7 business days; and as if the psychiatrist’s assessment under section 11 (2) (a) were an assessment of the level of risk that the released prisoner will, after the expiry of the current order, commit another serious sexual offence if a further supervision order is not made; and as if the references in section 13 (5) to the making of an order were only a reference to the making of a further supervision order for the released prisoner; and as if the reference in section 16 to the ordering of release from custody were a reference to the making of a further supervision order; and with other necessary changes.
(sec.19D-ssec.2) If the court is satisfied the application may not be finally decided until after the current order expires, it may make an interim supervision order for the released prisoner.
(sec.19D-ssec.3) The power under subsection (2) applies for the application instead of the power to make the orders mentioned in section 8 (2) (b) or 9A (2) as applied under subsection (1) .
- (a) as if a reference in the provisions to a division 3 order were a reference to a further supervision order; and
- (b) as if a reference in the provisions to an application for a division 3 order were a reference to an application under this division; and
- (c) as if a reference in the provisions to the prisoner were a reference to the released prisoner; and
- (d) as if a reference in the provisions to a prisoner’s release day were a reference to the day that the current order expires; and
- (e) as if the reference in section 5 (5) to 2 business days were a reference to 7 business days; and
- (f) as if the psychiatrist’s assessment under section 11 (2) (a) were an assessment of the level of risk that the released prisoner will, after the expiry of the current order, commit another serious sexual offence if a further supervision order is not made; and
- (g) as if the references in section 13 (5) to the making of an order were only a reference to the making of a further supervision order for the released prisoner; and
- (h) as if the reference in section 16 to the ordering of release from custody were a reference to the making of a further supervision order; and
- (i) with other necessary changes.