Serious Offenders Act 2018
154How submissions are dealt with by the Authority
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154 How submissions are dealt with by the Authority
(1) Before giving an offender any direction under a supervision order or interim supervision order*,* the Authority—
S. 154(1)(a) substituted by No. 28/2025 s. 7(2).
(a) must consider whether it is appropriate for it to consider submissions made by—
(i) a victim (within the meaning of section 30A of the Corrections Act 1986) of the offender; or
(ii) a person included on the victims register under section 30C(2) of that Act in relation to the offender—
in relation to the matter to be determined, having regard to the conditions of the supervision order or interim supervision order; and
S. 154(1)(b) substituted by No. 28/2025 s. 7(2).
(b) if it considers it appropriate—
(i) must consider any submission it receives in relation to the matter being determined; and
(ii) may, in its absolute discretion, give that submission the weight that the Authority sees fit in determining whether to give a direction.
S. 154(2) amended by No. 28/2025 s. 7(3).
(2) The Authority must not release a submission to the offender in relation to whom the direction is being determined unless—
(a) the release of the submission is, in the opinion of the Authority, essential in the interests of fairness and justice; and
S. 154(2)(b) amended by No. 28/2025 s. 7(3).
(b) before releasing the submission, the Authority has asked the person who made the submission whether the person—
(i) consents to the submission being released to the offender; or
(ii) wishes to amend the submission so that it can be released to the offender; or
(iii) wishes to withdraw the submission.
S. 154(3) amended by No. 28/2025 s. 7(4).
(3) If a person who made a submission does not—
(a) consent to the submission being released to the offender; or
(b) amend the submission so that it can be released to the offender; or
(c) withdraw the submission—
when the person is asked whether the person wishes to do so by the Authority under subsection (2)(b), the Authority—
S. 154(3)(d) amended by No. 28/2025 s. 7(4).
(d) must not release the submission to the offender; and
S. 154(3)(e) amended by No. 28/2025 s. 7(4).
(e) in considering the submission when determining to give a direction, may reduce the weight it would otherwise have given to the submission if the person who made it had complied with subsection (2)(b).