64Detention order only option

64 Detention order only option (1) If the Supreme Court is satisfied as required by section 63(1), the Supreme Court must be satisfied that— (a) in the case of an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious sex offence, the risk of the offender committing, or after release from custody committing, a serious sex offence or a serious violence offence or both would be unacceptable unless a detention order were made; or (b) in the case of an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious violence offence, the risk of the offender committing, or after release from custody committing, a serious sex offence or a serious violence offence or both would be unacceptable unless a detention order were made. (2) The Supreme Court may determine that an offender poses or will pose an unacceptable risk under subsection (1) even if the likelihood that the offender will commit a serious sex offence or a serious violence offence or both is less than more likely than not. (3) In determining whether an offender poses or will pose an unacceptable risk under subsection (1), the Supreme Court may have regard to— (a) the means of managing the risk; and (b) the likely impact of a detention order on the offender.