Terrorism (High Risk Offenders) Act 2017
40Term of continuing detention order
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40 Term of continuing detention order
40 Term of continuing detention order
(1) A continuing detention order—
(a) commences when it is made, or when the eligible offender’s current custody expires, whichever is the later, and
(b) expires at the end of such period (not exceeding 3 years from the day on which it commences) as is specified in the order.
(2) Despite subsection (1), a continuing detention order made on application under this Part in respect of a supervised offender who is not in custody commences when it is made and expires at the end of such period (not exceeding 3 years from the day on which it commences) as is specified in the order.
(3) An eligible offender’s custody under a continuing detention order is suspended while the offender is in lawful custody under any other Act or law, but that suspension does not affect the expiry date of the order.
(4) Nothing in this section prevents the Supreme Court from making a second or subsequent continuing detention order in respect of the same eligible offender.