South Australian Current Acts South Australian Current Acts18—Continuing detention orders
(1) If the
Parole Board directs that a person subject to a supervision order 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,
the matter is referred to the Court by force of this subsection.
(2) The Supreme Court
may, if satisfied that the person—
(a) has
breached a condition of the supervision order; and
(b)
poses an appreciable risk to the safety of the community if not detained in
custody,
order that the person be detained in custody (a "continuing detention order )
until the expiration of the supervision order, or for such lesser period as
may be specified by the Court.
(3) The paramount
consideration of the Supreme Court in determining whether to make a
continuing detention order must be the safety of the community.
(4) The Supreme Court
may, if the Court thinks fit, order that a person the subject of proceedings
under this section be detained in custody pending the determination of the
proceedings.
(5) The
Attorney-General and the person the subject of proceedings under this section
are parties to the proceedings, and the Parole Board has a right to appear and
be heard in the proceedings.
(5a) If proceedings
under this section relate to a terror suspect—
(a) the
Attorney-General may be represented in the proceedings by a
terrorism intelligence authority; or
(b) a
terrorism intelligence authority has a right to appear and be heard in the
proceedings.
(6) As soon as is
reasonably practicable after making a continuing detention order or an order
under subsection (4) in respect of a person subject to a
supervision order, the Supreme Court must issue a warrant committing the
person to a correctional institution for the period specified in the order.
(7) To avoid
doubt—
(a) if a
person is detained in custody under this section until the expiration of his
or her supervision order, the supervision order expires on the person's
release from custody (but nothing in this paragraph prevents the Supreme
Court, on application by the Attorney-General, from making a second or
subsequent supervision order against the person); and
(b) if a
person is detained in custody under this section for a lesser period, the
person continues to be subject to the supervision order on release from
custody for the balance of the duration of the order (and the date of expiry
of the supervision order under section 12 is not affected by the fact
that the obligations of the person under the order were suspended during the
period that the person was in custody).