South Australian Current Acts South Australian Current Acts (1) The
Attorney-General may make an application to the Supreme Court for an extended
supervision order to be made in respect of a person who is a
high risk offender
(the "respondent").
(2) An application for
an extended supervision order may only be made within 12 months of the
relevant expiry date for the respondent.
(3) The Supreme Court
must, before determining whether to make an extended supervision order, direct
that 1 or more prescribed health professionals examine the
respondent and report to the Court on the results of the examination,
including—
(a) if
the respondent is a serious sexual offender—an assessment of the
likelihood of the respondent committing a further serious sexual offence; or
(b) if
the respondent is a serious violent offender—an assessment of the
likelihood of the respondent committing a further serious offence of violence;
or
(c) if
the respondent is a terror suspect—an assessment of the likelihood of
the respondent committing a terrorist offence, or otherwise being involved in
a terrorist act, or committing a serious offence of violence; or
(d) if
the respondent is a person referred to in paragraph (cb) of the
definition of "high risk offender in section 5 (or was such a person when
first subjected to an extended supervision order)—an assessment of the
likelihood of the respondent committing any prescribed offence.
(4) The Supreme Court
may, on application under this section, order that the respondent is to be
subject to an extended supervision order if satisfied that—
(a) the
respondent is a high risk offender; and
(b) the
respondent poses an appreciable risk to the safety of the community if not
supervised under the order.
(5) The paramount
consideration of the Supreme Court in determining whether to make an
extended supervision order must be the safety of the community.
(6) The Supreme Court
must also take the following matters into consideration in determining whether
to make an extended supervision order in respect of the respondent:
(a) the
likelihood of the respondent committing offences of a kind assessed under
subsection (3)(a), (b), (c) or (d) (as the case may be) if not supervised
under the order;
(b) the
reports of any prescribed health professional (as directed under
subsection (3)) furnished to the Court;
(c) any
report prepared by the Parole Board under section 64(5) of the
Correctional Services Act 1982 ;
(d) any
report required by the Court under section 20 (including the results of
any statistical or other assessment furnished to the Court as to the
likelihood of persons with histories and characteristics similar to those of
the respondent committing a further relevant offence);
(e) any
relevant evidence or representations that the respondent may desire to put to
the Court;
(f) any
treatment or rehabilitation program in which the respondent has had an
opportunity to participate, including his or her willingness to so participate
and the extent of such participation;
(g) in
the case of a respondent released on parole—the extent to which he or
she has complied with the conditions of his or her release on parole;
(h) in
the case of a respondent subject to an existing extended
supervision order—the extent to which he or she has complied with the
terms of the order;
(i)
in the case of a respondent who is a registrable offender
(within the meaning of the Child Sex Offenders Registration Act 2006
)—the extent to which he or she has complied with any obligations under
that Act;
(j) the
circumstances and seriousness of any offence in respect of which the
respondent has been found guilty according to his or her criminal history, and
any pattern of offending behaviour disclosed by that history;
(k) any
remarks made by the sentencing court in passing sentence;
(l) any
other matter that the Court thinks relevant.
(7) In this
section—
"prescribed offence" means—
(a) an
offence against section 241 of the Criminal Law Consolidation Act 1935
where the offence committed by the principal offender (within the meaning of
that section) was a serious offence of violence or serious sexual offence; or
(b) a
serious offence of violence; or
(c) a
serious sexual offence.