62Determination of application for detention order

62 Determination of application for detention order (1) On an application under section 61, the Supreme Court may make a detention order in respect of an eligible offender if, and only if, the court is satisfied under section 63(1) and is satisfied under section 64(1). (2) For the purposes of sections 63 and 64, the Supreme Court must be satisfied by acceptable, cogent evidence to a high degree of probability that the offender poses or will pose an unacceptable risk. (3) If the Supreme Court is not satisfied that the risk referred to in section 64(1) would be unacceptable unless a detention order were made, the court may make a supervision order in respect of the offender. (4) Divisions 2 (other than section 13), 3 and 4 of Part 3 apply, with any necessary modifications, to the making of a supervision order under subsection (3) as if it were a supervision order made under Part 3. (5) The Supreme Court may make no order in circumstances where it is empowered to make a detention order or supervision order under this section. (6) The Supreme Court may hear and determine an application for a detention order even if the offender has ceased to be an eligible offender because— (b) the offender is no longer subject to a supervision order. (7) The Supreme Court may hear and determine an application under section 61 even if the offender is remanded in custody or is serving a custodial sentence.