47Determination of application for interim supervision order

47 Determination of application for interim supervision order (1) On an application under section 46, the court may make an interim supervision order in respect of an eligible offender if— (a) the court is satisfied that— (i) an application under section 13 or 22 in respect of the offender has been commenced but not determined; and (ii) either— (A) the offender is no longer, or will not be, remanded in custody or serving a custodial sentence when the application under section 13 is determined; or (B) the previous supervision order has expired or will have expired before the application under section 22 is determined; and (b) it appears to the court that the documents in support of the application under section 13 or 22 would, if proved, justify the making or renewal of a supervision order; and (c) the court is satisfied that it is in the public interest to make an interim supervision order. (2) For the purposes of subsection (1)(c), the court must have regard to— (a) the reason why the application under section 13 or 22 was not, or will not be, determined before the offender is released from custody or before the expiry of the previous supervision order, as the case requires; and (b) any other matter the court considers appropriate. (3) If the court is satisfied as required by subsection (1), the court may— (a) make an interim supervision order; or (b) make no order. (4) The court may hear and determine an application under section 46 even if the offender has ceased to be an eligible offender because— (b) the offender is no longer subject to a supervision order. See also section 76(2) for the power of the court to make an interim supervision order when an interim detention order is not justified.