South Australian Current Acts

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CRIMINAL LAW (HIGH RISK OFFENDERS) ACT 2015 - SECT 17

17—Proceedings before Parole Board under this Part

        (1)         The following provisions apply in relation to proceedings relating to an alleged breach of a supervision order before the Parole Board under this Part:

            (a)         the person subject to the order and the Attorney-General must be afforded a reasonable opportunity to make submissions to the Board on the matter;

            (b)         if the Board is satisfied that the person has breached a condition of the order, the Board may vary or revoke a condition of the order imposed by the Board under this Act or impose further conditions on the order and, if the person is in custody—

                  (i)         direct that the person be released from custody; or

                  (ii)         direct that the person be detained in custody pending attendance before the Supreme Court for determination as to whether a continuing detention order should be made in respect of the person.

        (2)         The Parole Board must, on imposing a condition or further condition on, or on varying or revoking a condition of, the order—

            (a)         provide the person the subject of the order with a copy of the order as varied by the Board; and

            (b)         take all reasonable steps to explain to the person the subject of the order the terms and conditions of the order and, in particular—

                  (i)         the person's obligations under the order; and

                  (ii)         the consequences that may follow from a failure to comply with the order; and

            (c)         forward a copy of the order as varied by the Board under this section to the Supreme Court and the Commissioner of Police.

        (3)         Subject to any order made by the Supreme Court, an order directing that a person be detained in custody under this section authorises the detention of the person in custody pending determination of the Supreme Court proceedings relating to the continuing detention order.



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