9Secretary may decide to proceed with application for order

9 Secretary may decide to proceed with application for order (1) The Secretary may decide— (a) to apply under section 13 for a supervision order in respect of an eligible offender; or (b) not to proceed under paragraph (a). (2) If the Secretary considers that an application for a detention order should be made, the Secretary must refer to the DPP the question of whether or not to apply under section 61 for a detention order in respect of an eligible offender. (3) For the purposes of subsections (1)(a) and (2), the Secretary— (a) must have regard to an assessment report in respect of the eligible offender; and (b) may have regard to any other report, information or matter that the Secretary considers relevant. (4) For the purposes of subsection (1)(b), the Secretary may have regard to— (a) an assessment report in respect of the eligible offender; and (b) any other report, information or matter that the Secretary considers relevant. (5) If the Secretary refers a question to the DPP under subsection (2), the Secretary must give to the DPP— (a) a copy of the assessment report to which the Secretary had regard under subsection (3); and (b) any other report or information requested by the DPP. (6) Nothing in this section requires the Secretary to apply for a supervision order in respect of an eligible offender.