Section 14 of the Crimes (Serious Sex Offenders) Act 2006 relates to Applications for continuing detention orders and is extracted below.
For accurate advice and proven results in sexual assault cases, call Sydney Criminal Lawyers® today on (02) 9261 8881 to speak with an experienced sexual assault lawyer.
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,
(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.
Choosing the right legal team to defend your reputation and interests can be a difficult process.
However, it is always important to look at a firm’s experience and results when making this decision.
At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.
Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.
Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’
Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.
We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.
For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference with our criminal law specialists.