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Serious Offenders Act 2018
4AReferences to particular courts
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4A References to particular courts
(1) This clause applies to an offender who is subject to an order referred to in subclause 4(1), and who was sentenced to a custodial sentence for a serious sex offence by a court other than the Supreme Court or the County Court, for the purposes of—
(a) determining an application for review or renewal of the order; or
(b) determining or dealing with matters relating to a supervision order, detention order, interim supervision order or interim detention order under this Act in respect of the offender, whether made as a result of an application for review or renewal of the order, or subsequently.
(2) References in sections 14(1)(a), 34(2), 36(3), 63(1)(a), 64(1)(a) and 142(3) of this Act to a court referred to in section 8(1)(a) that imposed a custodial sentence in respect of the offender are taken to be references to any court.
(3) Section 12 of this Act is taken to require an application in respect of the offender under Part 3 of this Act to be made to the County Court, unless the context otherwise requires.
5 Applications commenced under superseded Act that have not been determined
(1) Subject to subclause (2), the superseded Act and regulations made under that Act continue to apply to any of the following applications that were made under the superseded Act but not determined before the commencement day—
(a) an application for a supervision order, a detention order or an interim order;
(b) an application for the renewal or extension of an order referred to in paragraph (a);
(c) an application for the review of an order or a condition of an order referred to in paragraph (a).
(2) An order made on an application referred to in subclause (1), or on appeal in respect of such an application, is to be made under this Act.
6 Appeals
(1) Subject to subclause (2), the superseded Act and regulations made under that Act continue to apply to an appeal made under Part 7 of the superseded Act but not determined before the commencement day.
(2) An order made on an appeal referred to in subclause (1) is to be made under this Act.
7 Appeals—remitted matters
A matter remitted by the Court of Appeal under section 101 of the superseded Act on or after the commencement day must be treated by the court to which it is remitted as if it were an application under this Act.
8 Victim submissions
A victim submission made under the superseded Act is taken to be a victim submission made under section 134.
9 Warrants
On and from the commencement day, a warrant that has been validly issued in accordance with a provision of the superseded Act but has not been executed is taken to have been issued in accordance with the corresponding provision of this Act.
10 Directions and instructions
A direction or instruction given by the Authority under the superseded Act that is in force immediately before the commencement day is taken to be a direction given under Part 11.
11 Holding power if imminent risk of contravention of order
(1) An offender in detention under Division 3 of Part 11 of the superseded Act on the commencement day is taken to be in detention under Division 1 of Part 12 of this Act.
(2) For the purposes of section 159 of this Act, detention is taken to have commenced when the offender was detained under the superseded Act.