Subdiv 5Release of serious child sex offenders on licence

Subdivision 5—Release of serious child sex offenders on licence 48K—Release on licence (1) The Supreme Court may, on application by the DPP or the serious child sex offender, authorise the release on licence of a serious child sex offender serving a sentence of indeterminate duration for a triggering child sex offence. (2) However, an application may only be made under this section by a serious child sex offender if the serious child sex offender has served the minimum period of imprisonment fixed under section 48I(2)(d). (3) The Supreme Court must not authorise the release on licence of a serious child sex offender unless the serious child sex offender satisfies the Supreme Court that— (a) they are capable of controlling, and willing to control, their sexual instincts; or (b) they no longer present an appreciable risk to the safety of the community (whether as individuals or in general). (4) The Supreme Court must, before authorising the release on licence of a serious child sex offender, direct that at least 2 legally qualified medical practitioners (to be nominated by the Supreme Court for the purpose) inquire into the mental condition of the serious child sex offender and report to the Supreme Court on whether the serious child sex offender is, or is not, capable of controlling, and willing to control, their sexual instincts. (5) The appropriate board must, at the request of the Supreme Court, make a report to the Supreme Court on the serious child sex offender addressing the matters specified by the Supreme Court. (6) The Supreme Court must also take the following matters into consideration when determining an application under this section for the release on licence of a serious child sex offender: (a) the reports of the medical practitioners (as directed and nominated under subsection (4)) provided to the Court; (b) any relevant evidence or representations that the serious child sex offender may desire to put to the Court; (c) a report provided to the Court by the appropriate board in accordance with the direction of the Court for the purposes of assisting the Court to determine the application, including— (i) any opinion of the appropriate board on the effect that the release on licence of the serious child sex offender would have on the safety of the community; and (ii) a report as to the probable circumstances of the serious child sex offender if they are released on licence; and (iii) the recommendation of the appropriate board as to whether the serious child sex offender should be released on licence; (e) the reports resulting from the periodic reviews under section 57(15) on the progress and circumstances of the serious child sex offender tendered to the Court; (7) The Supreme Court, when determining an application under this section, must not have regard to the length of time that the serious child sex offender has spent in custody or may spend in custody if the serious child sex offender is not released on licence. (8) The paramount consideration of the Supreme Court when determining an application under this section for the release on licence of a serious child sex offender must be to protect the safety of the community (whether as individuals or in general). (9) On the Supreme Court authorising the release of a serious child sex offender under subsection (1), the appropriate board must order the release of the serious child sex offender on licence on the day specified by the Court. (10) Subject to this Act, every release of a serious child sex offender on licence under this section is subject to the following conditions: (a) a condition that the serious child sex offender wear or carry a tracking device for the purpose of monitoring the serious child sex offender's whereabouts at all times; (b) a condition prohibiting the serious child sex offender from possessing a firearm or ammunition or any part of a firearm; (c) a condition requiring the serious child sex offender to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by a person or class of persons or body specified by the appropriate board. (11) Without limiting subsection (10), the release of a serious child sex offender on licence under this section will be subject to such conditions as the appropriate board thinks fit and specifies in the licence. (12) If the Supreme Court has refused a serious child sex offender's application for release on licence, the serious child sex offender may not further apply for release for a period of 6 months, or such lesser or greater period as may be specified by the Court. (13) The appropriate board may— (a) on application by the DPP or the serious child sex offender, or on its own initiative, vary or revoke a condition of a licence (other than the condition imposed by subsection (10)(a)) or impose further conditions; or (b) on application by the DPP, or on its own initiative, cancel the release of a serious child sex offender on licence, if satisfied that the serious child sex offender has contravened, or is likely to contravene, a condition of the licence. (14) A board cannot exercise its powers under subsection (13) on its own initiative in relation to a serious child sex offender released on licence unless the serious child sex offender and the Crown have been afforded a reasonable opportunity to make submissions to the board on the matter, and the board has considered any submissions so made. (15) The appropriate board may only vary or revoke the conditions imposed by subsection (10)(b) or (c) on the release of a serious child sex offender on licence if the board is satisfied that— (b) the possession of a firearm, ammunition or part of a firearm by the serious child sex offender does not represent an undue risk to the safety of the public. (16) For the purposes of proceedings under subsection (13), a member of the appropriate board may— (a) summon the serious child sex offender the subject of the proceedings to appear before the board; or (b) in the case of proceedings for cancellation of release— (i) with the concurrence of a second member of the board—issue a warrant for the apprehension and detention of the serious child sex offender pending determination of the proceedings; or (ii) apply to a magistrate for a warrant for the apprehension and detention of the serious child sex offender pending determination of the proceedings. (17) If a serious child sex offender who has been summoned to appear before the appropriate board fails to attend in compliance with the summons, the board may— (a) determine the proceedings in the serious child sex offender's absence; or (b) direct a member of the board to— (i) issue a warrant; or (ii) apply to a magistrate for a warrant, for the apprehension and detention of the offender for the purpose of bringing the serious child sex offender before the board. (18) A member of the appropriate board may apply to a magistrate for a warrant for the apprehension and return to custody of a serious child sex offender whose release on licence has been cancelled by the board. (19) A magistrate must, on application under this section, issue a warrant for the apprehension and detention of a serious child sex offender or for the apprehension and return to custody of a serious child sex offender, as the case may require, unless it is apparent, on the face of the application, that no reasonable grounds exist for the issue of the warrant. (20) The appropriate board may, if it thinks good reason exists for doing so, cancel a warrant issued under this section at any time before its execution. (21) If a serious child sex offender who has been released on licence commits an offence while subject to that licence and is sentenced to imprisonment for the offence, the release on licence is, by virtue of this subsection, cancelled. 48L—Arrest and detention of serious child sex offender released on licence without warrant (1) A police officer may, on the authorisation of a senior police officer, without warrant, arrest a serious child sex offender released on licence under section 48K if the police officer suspects on reasonable grounds that the serious child sex offender has breached a condition of the release on licence. (2) If a serious child sex offender is arrested under subsection (1)— (a) the serious child sex offender must be taken to the nearest police station; and (b) within 12 hours of the arrest—the presiding member or deputy presiding member of the appropriate board (or, if neither of those members is available, a magistrate) must be notified of the arrest; and (c) as soon as is reasonably practicable after being so notified—the presiding member or deputy presiding member of the appropriate board, or the magistrate, (as the case requires) must, by order, direct that the serious child sex offender— (i) be detained in custody pending attendance before the appropriate board; or (ii) be released and summoned to attend before the appropriate board; or (iii) be released from custody.