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TERRORISM (HIGH RISK OFFENDERS) ACT 2017 - SECT 24
Pre-trial procedures
24 Pre-trial procedures
(1) An application for an extended supervision order must be served on the
eligible offender concerned within 2 business days after the application is
filed in the Supreme Court or within such further time as the Supreme Court
may allow.
(2) The State must disclose to the eligible offender such
documents, reports and other information as are relevant to the proceedings on
the application (whether or not intended to be tendered in evidence)-- (a) in
the case of anything that is available when the application is made, as soon
as practicable after the application is made, and
(b) in the case of anything
that subsequently becomes available, as soon as practicable after it becomes
available.
Note : Section 51 (10) provides that the State must not disclose a
victim statement to the eligible offender unless the person who made the
statement consents to the disclosure.
(2A) It is sufficient compliance with
subsection (2) (a) if the eligible offender is-- (a) provided with an index of
the documents, reports and other information, and
(b) given access to a
document, report or other information included in the index (or a part of a
document, report or other information) as is relevant to the proceedings if
the offender (or the offender's legal representative) requests access.
(2B)
The regulations may make provision for or with respect to the provision and
content of an index of documents, reports and other information for the
purposes of subsection (2A).
(3) However, the State is not required to
disclose any document, report or other information, or disclose its existence
in an index, to an eligible offender except in accordance with Division 5.3
(or an order under that Division) if-- (a) the Attorney General or a
prescribed terrorism intelligence authority intends to make an application
under that Division for the document, report or other information to be dealt
with as terrorism intelligence, or
(b) the document, report or other
information is the subject of a pending application under that Division for it
to be dealt with as terrorism intelligence, or
(c) the Supreme Court has
granted an application under that Division for the document, report or other
information to be dealt with as terrorism intelligence.
(4) A preliminary
hearing into the application is to be conducted by the Supreme Court within 28
days after the application is filed in the Supreme Court or within such
further time as the Supreme Court may allow.
(5) If, following the
preliminary hearing, it is satisfied that the matters alleged in the
supporting documentation would, if proved, justify the making of an
extended supervision order, the Supreme Court must make orders-- (a)
appointing-- (i) 2 qualified psychiatrists, or
(ii) 2 registered
psychologists, or
(iii) 1 qualified psychiatrist and 1 registered
psychologist, or
(iv) 2 qualified psychiatrists and 2 registered
psychologists,
to conduct separate psychiatric or psychological examinations
(as the case requires) of the eligible offender and to furnish reports to the
Supreme Court on the results of those examinations, and
(b) directing the
eligible offender to attend those examinations.
(6) Without limiting
subsection (5) (a), the Supreme Court may also make orders appointing any
other relevant experts to furnish reports to the Supreme Court in respect of
the eligible offender on specified matters.
(7) If, following the preliminary
hearing, it is not satisfied that the matters alleged in the
supporting documentation would, if proved, justify the making of an
extended supervision order, the Supreme Court must dismiss the application.
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