South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 269UA

269UA—Application for continuing supervision

        (1)         If a defendant is declared to be liable to supervision under Subdivision 2, whether before or after the commencement of this section, the Crown may, while the defendant remains liable to supervision, apply to the Supreme Court to have the defendant declared to be liable to supervision under a continuing supervision order.

        (2)         An application cannot be made under subsection (1) more than 12 months before the end of the limiting term fixed in respect of the relevant supervision order (and the limiting term will be taken to continue until the application is determined by the Court).

        (3)         The Court must give the defendant at least 14 days written notice of the date on which it intends to conduct the proceedings to determine the application.

        (4)         The Court must, before determining an application under this section, direct that 1 or more legally qualified medical practitioners (to be nominated by a prescribed authority for the purpose) inquire into the mental condition of the defendant and report to the Court on the mental condition of the defendant, including—

            (a)         a diagnosis and prognosis of the condition; and

            (b)         a suggested treatment plan for managing the defendant's condition.

        (5)         Each of the following persons is entitled to appear and be heard in proceedings under this section and must be afforded a reasonable opportunity to call and give evidence, to examine or cross-examine witnesses, and to make submissions to the Court:

            (a)         the defendant (personally or by counsel);

            (b)         the Director of Public Prosecutions;

            (c)         the Commissioner for Victims' Rights;

            (d)         with the permission of the Court—any other person with a proper interest in the matter.

        (6)         The Court may also take the following matters into consideration when determining an application under this section:

            (a)         any relevant remarks made by the court by which the defendant was declared to be liable to supervision under Subdivision 2;

            (b)         the behaviour of the defendant while under supervision;

            (c)         any treatment, care and rehabilitation of the defendant while under supervision;

            (d)         any reports tendered, and submissions made, to the Court under this section;

            (e)         the likelihood of the defendant committing an offence of a violent nature should the defendant no longer be liable to supervision;

            (f)         the character, antecedents, age, means and physical and mental condition of the defendant;

            (g)         the probable circumstances of the defendant should the defendant no longer be liable to supervision;

            (h)         any other matters that the Court thinks are relevant.

        (7)         If the Court is satisfied, on the balance of probabilities, that the defendant to whom the application relates could, if unsupervised, pose a serious risk to the safety of the community or a member of the community, the Court must declare that, on the expiry of the supervision order under Subdivision 2, the defendant is liable to continuing supervision under this Subdivision.