11When DPP decides not to apply for detention order

11 When DPP decides not to apply for detention order If the DPP decides not to apply for a detention order, whether or not the DPP refers the matter back to the Secretary, the Secretary may decide— (a) to apply under section 13 for a supervision order in respect of the eligible offender; or (b) not to proceed under paragraph (a). Part 3—Supervision orders Division 1—Court in which to commence application 12 Court in which to commence application (1) Unless the context otherwise requires, the court in which an application under this Part is to be commenced is the Supreme Court or the County Court, being the court referred to in section 8(1)(a) that sentenced the offender to the custodial sentence. (2) If an offender was sentenced by an equivalent court of another State or a Territory and is an eligible offender, the court in which an application under this Part is to be commenced is the Supreme Court or the County Court, being the equivalent court to the court that sentenced the offender. (3) If, on appeal from the Supreme Court or the County Court, a custodial sentence is imposed on an offender, an application under this Part is to be commenced in the court from which the appeal was brought. (4) If an offender is subject to a detention order or an interim detention order, the court in which an application under this Part is to be commenced is— (a) the court referred to in subsection (1); or (b) the Supreme Court.