Section 14 Crimes (Serious Sex Offenders) Act 2006 | Applications for continuing detention orders


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The Legislation

Section 14 of the Crimes (Serious Sex Offenders) Act 2006 relates to Applications for continuing detention orders and is extracted below.

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14 Application for continuing detention order

(1) The State of New South Wales may apply to the Supreme Court for a continuing detention order against a sex offender who, when the application is made, is in custody in a correctional centre: (a) while serving a sentence of imprisonment by way of full-time detention:
(i) for a serious sex offence, or
(ii) for an offence of a sexual nature, or
(iii) for another offence which is being served concurrently or consecutively, or partly concurrently and partly consecutively, with one or more sentences of imprisonment referred to in subparagraph (i) or (ii), or
(b) pursuant to an existing continuing detention order,
referred to in this Part as his or her “current custody”.

(2) The State of New South Wales may apply to the Supreme Court for a continuing detention order against a person who is subject to an extended supervision order or an interim supervision order if: (a) the person is found guilty of an offence under section 12, or
(b) because of altered circumstances, adequate supervision of the person cannot be provided under an extended supervision order or an interim supervision order.

(2A) An application under subsection (1) may not be made more than 6 months before:
(a) the end of the offender’s total sentence, or
(b) the expiry of the existing continuing detention order,
as appropriate.

(2B) An application under subsection (2) in respect of a person who is serving a sentence of imprisonment by way of full-time detention may not be made more than 6 months before the end of the person’s total sentence.

(3) An application must be supported by documentation:
(a) that addresses each of the matters referred to in section 17 (4) (and if the application is made under subsection (2), the matters referred to in section 17 (4A) and (4B) to the extent that is relevant to the application), and
(b) that includes a report (prepared by a qualified psychiatrist, registered psychologist or registered medical practitioner) that assesses the likelihood of the offender committing a further serious sex offence.

(4) An application may indicate the kinds of conditions that are considered to be appropriate for inclusion under section 11 in the event that an extended supervision order is made.