sec.22Court may make further order

### sec.22 Court may make further order The following subsections apply if the court is satisfied, on the balance of probabilities, that the released prisoner is likely to contravene, is contravening, or has contravened, a requirement of the supervision order or interim supervision order (each the existing order ). Unless the released prisoner satisfies the court, on the balance of probabilities, that the adequate protection of the community can, despite the contravention or likely contravention of the existing order, be ensured by the existing order as amended under subsection (7) , the court must— if the existing order is a supervision order, rescind it and make a continuing detention order; or if the existing order is an interim supervision order, rescind it and make an order that the released prisoner be detained in custody for the period stated in the order. For the purpose of deciding whether to make a continuing detention order as mentioned in subsection (2) (a) , the court may do any or all of the following— act on any evidence before it or that was before the court when the existing order was made; make any order necessary to enable evidence of a kind mentioned in section 13 (4) to be brought before it, including, for example, an order— in the nature of a risk assessment order, subject to the restriction under section 8 (2) ; or for the revision of a report about the released prisoner produced under section 8A ; consider any further report or revised report in the nature of a report of a type mentioned in section 8A . To remove any doubt, it is declared that the court need not make an order in the nature of a risk assessment order if the court is satisfied that the evidence otherwise available under subsection (3) is sufficient to make a decision under subsection (2) (a) . If the court makes an order in the nature of a risk assessment order, the psychiatrist or each psychiatrist examining the released prisoner must prepare a report about the released prisoner and, for that purpose, section 11 applies. For applying section 11 to the preparation of the report— section 11 (2) applies with the necessary changes; and section 11 (3) only applies to the extent that a report or information mentioned in the subsection has not previously been given to the psychiatrist. If the released prisoner satisfies the court, on the balance of probabilities, that the adequate protection of the community can, despite the contravention or likely contravention of the existing order, be ensured by a supervision order or interim supervision order, the court— must amend the existing order to include all of the requirements under section 16 (1) if the order does not already include all of those requirements; and may otherwise amend the existing order in a way the court considers appropriate— to ensure adequate protection of the community; or for the prisoner’s rehabilitation or care or treatment. The existing order may not be amended under subsection (7) (b) so as to remove any requirements mentioned in section 16 (1) . s 22 amd 2005 No. 70 s 80 ; 2006 No. 24 s 28 sub 2007 No. 35 s 6 amd 2010 No. 34 s 20 (sec.22-ssec.1) The following subsections apply if the court is satisfied, on the balance of probabilities, that the released prisoner is likely to contravene, is contravening, or has contravened, a requirement of the supervision order or interim supervision order (each the existing order ). (sec.22-ssec.2) Unless the released prisoner satisfies the court, on the balance of probabilities, that the adequate protection of the community can, despite the contravention or likely contravention of the existing order, be ensured by the existing order as amended under subsection (7) , the court must— if the existing order is a supervision order, rescind it and make a continuing detention order; or if the existing order is an interim supervision order, rescind it and make an order that the released prisoner be detained in custody for the period stated in the order. (sec.22-ssec.3) For the purpose of deciding whether to make a continuing detention order as mentioned in subsection (2) (a) , the court may do any or all of the following— act on any evidence before it or that was before the court when the existing order was made; make any order necessary to enable evidence of a kind mentioned in section 13 (4) to be brought before it, including, for example, an order— in the nature of a risk assessment order, subject to the restriction under section 8 (2) ; or for the revision of a report about the released prisoner produced under section 8A ; consider any further report or revised report in the nature of a report of a type mentioned in section 8A . (sec.22-ssec.4) To remove any doubt, it is declared that the court need not make an order in the nature of a risk assessment order if the court is satisfied that the evidence otherwise available under subsection (3) is sufficient to make a decision under subsection (2) (a) . (sec.22-ssec.5) If the court makes an order in the nature of a risk assessment order, the psychiatrist or each psychiatrist examining the released prisoner must prepare a report about the released prisoner and, for that purpose, section 11 applies. (sec.22-ssec.6) For applying section 11 to the preparation of the report— section 11 (2) applies with the necessary changes; and section 11 (3) only applies to the extent that a report or information mentioned in the subsection has not previously been given to the psychiatrist. (sec.22-ssec.7) If the released prisoner satisfies the court, on the balance of probabilities, that the adequate protection of the community can, despite the contravention or likely contravention of the existing order, be ensured by a supervision order or interim supervision order, the court— must amend the existing order to include all of the requirements under section 16 (1) if the order does not already include all of those requirements; and may otherwise amend the existing order in a way the court considers appropriate— to ensure adequate protection of the community; or for the prisoner’s rehabilitation or care or treatment. (sec.22-ssec.8) The existing order may not be amended under subsection (7) (b) so as to remove any requirements mentioned in section 16 (1) . - (a) if the existing order is a supervision order, rescind it and make a continuing detention order; or - (b) if the existing order is an interim supervision order, rescind it and make an order that the released prisoner be detained in custody for the period stated in the order. - (a) act on any evidence before it or that was before the court when the existing order was made; - (b) make any order necessary to enable evidence of a kind mentioned in section 13 (4) to be brought before it, including, for example, an order— (i) in the nature of a risk assessment order, subject to the restriction under section 8 (2) ; or (ii) for the revision of a report about the released prisoner produced under section 8A ; - (i) in the nature of a risk assessment order, subject to the restriction under section 8 (2) ; or - (ii) for the revision of a report about the released prisoner produced under section 8A ; - (c) consider any further report or revised report in the nature of a report of a type mentioned in section 8A . - (i) in the nature of a risk assessment order, subject to the restriction under section 8 (2) ; or - (ii) for the revision of a report about the released prisoner produced under section 8A ; - (a) section 11 (2) applies with the necessary changes; and - (b) section 11 (3) only applies to the extent that a report or information mentioned in the subsection has not previously been given to the psychiatrist. - (a) must amend the existing order to include all of the requirements under section 16 (1) if the order does not already include all of those requirements; and - (b) may otherwise amend the existing order in a way the court considers appropriate— (i) to ensure adequate protection of the community; or (ii) for the prisoner’s rehabilitation or care or treatment. - (i) to ensure adequate protection of the community; or - (ii) for the prisoner’s rehabilitation or care or treatment. - (i) to ensure adequate protection of the community; or - (ii) for the prisoner’s rehabilitation or care or treatment.