Subdiv 6Extinguishment of sentence

Subdivision 6—Extinguishment of sentence 48M—Extinguishment of sentence (1) Subject to this Division and the Correctional Services Act 1982, a serious child sex offender serving a sentence of indeterminate duration for a triggering child sex offence will not be released from detention until the Supreme Court, on application by the DPP or the serious child sex offender, orders that the sentence be wholly extinguished. (2) However, an application may only be made under this section by a serious child sex offender if the serious child sex offender— (a) has served the minimum period of imprisonment fixed under section 48I(2)(d); and (b) has been released on licence for at least the minimum period fixed under section 48I(2)(e); and (c) has not, during the period referred to in paragraph (b), breached a condition of the release on licence. (3) The Supreme Court must not make an order under subsection (1) extinguishing a sentence 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 making an order under subsection (1) extinguishing a sentence, 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, before making an order under subsection (1) extinguishing a sentence, also take the following matters into consideration: (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; (d) 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; (e) any other matter that the Court thinks relevant. (7) The paramount consideration of the Supreme Court in determining whether to make an order under subsection (1) extinguishing a sentence of imprisonment must be to protect the safety of the community (whether as individuals or in general). (8) 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 sentence is not extinguished. (9) A copy of a report provided to the Supreme Court under subsection (4) must be given to each party to the proceedings or to counsel for those parties. (10) The Supreme Court may order that the release of a serious child sex offender from detention is not to take effect for such time as it considers necessary for the purpose of enabling the serious child sex offender to undergo a suitable pre‑release program.