QLDIn ForceAct
Dangerous Prisoners (Sexual Offenders) Act 2003
sec.8Preliminary hearing
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### sec.8 Preliminary hearing
If the court is satisfied there are reasonable grounds for believing the prisoner is a serious danger to the community in the absence of a division 3 order, the court must set a date for the hearing of the application for a division 3 order.
If the court is satisfied as required under subsection (1) , it may make—
an order that the prisoner undergo examinations by 2 psychiatrists named by the court who are to prepare independent reports; and
if the court is satisfied the application may not be finally decided until after the prisoner’s release day—
an order that the prisoner’s release from custody be supervised; or
an order that the prisoner be detained in custody for the period stated in the order.
If the court makes an order under subsection (2) (b) (i) , the order must contain the requirements for the prisoner stated in section 16 (1) .
s 8 amd 2005 No. 70 s 63
(sec.8-ssec.1) If the court is satisfied there are reasonable grounds for believing the prisoner is a serious danger to the community in the absence of a division 3 order, the court must set a date for the hearing of the application for a division 3 order.
(sec.8-ssec.2) If the court is satisfied as required under subsection (1) , it may make— an order that the prisoner undergo examinations by 2 psychiatrists named by the court who are to prepare independent reports; and if the court is satisfied the application may not be finally decided until after the prisoner’s release day— an order that the prisoner’s release from custody be supervised; or an order that the prisoner be detained in custody for the period stated in the order. If the court makes an order under subsection (2) (b) (i) , the order must contain the requirements for the prisoner stated in section 16 (1) .
- (a) an order that the prisoner undergo examinations by 2 psychiatrists named by the court who are to prepare independent reports; and
- (b) if the court is satisfied the application may not be finally decided until after the prisoner’s release day— (i) an order that the prisoner’s release from custody be supervised; or (ii) an order that the prisoner be detained in custody for the period stated in the order.
- (i) an order that the prisoner’s release from custody be supervised; or
- (ii) an order that the prisoner be detained in custody for the period stated in the order.
- (i) an order that the prisoner’s release from custody be supervised; or
- (ii) an order that the prisoner be detained in custody for the period stated in the order.