Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


DANGEROUS SEXUAL OFFENDERS BILL 2005

                       Western Australia


     Dangerous Sexual Offenders Bill 2005

                         CONTENTS


         Part 1 -- Preliminary
1.       Short title                                       2
2.       Commencement                                      2
3.       Terms used in this Act                            2
4.       Objects of this Act                               3
5.       Relationship with Bail Act 1982                   3
6.       Attorney General may perform functions of DPP     3
7.       Serious danger to the community                   4
         Part 2 -- Continuing detention or
              supervision
         Division 1 -- Application for orders
8.       DPP may apply for orders                          6
9.       Duty to disclose                                  6
10.      Application may proceed even if offender
         discharged                                        7
11.      Fixing day for preliminary hearing                7
12.      Offender may file affidavits in response          7
13.      Contents of affidavit                             7
14.      Preliminary hearing                               7
15.      Authority for psychiatrist to examine offender    8
16.      Discontinuing application for Division 2 order    8
         Division 2 -- Orders
17.      Division 2 orders                                 9
18.      Conditions of supervision order                   9




                            105--2                         page i
Dangerous Sexual Offenders Bill 2005



Contents



              Division 3 -- Amendment of supervision order
      19.     Application to amend conditions of supervision
              order                                              10
      20.     Amendment of conditions of supervision order       10
              Division 4 -- Contravention of supervision
                    order
      21.     Summons or warrant because of contravention        11
      22.     DPP may seek order                                 12
      23.     Court may make order                               12
              Division 5 -- Supervision order extended due to
                    imprisonment
      24.     Extension of supervision order                     12
              Division 6 -- General provisions for Part 2
      25.     Effect of continuing detention order               13
      26.     Effect of supervision order                        13
      27.     Court to give reasons                              13
              Part 3 -- Annual reviews of detention
      28.     Purpose of this Part                               14
      29.     Review -- periodic                                  14
      30.     Review -- application by person subject to order    14
      31.     Dealing with the application                       15
      32.     Psychiatrists' reports to be prepared for review   15
      33.     The review                                         15
              Part 4 -- Appeals
      34.     Appeals                                            16
      35.     Appeal does not stay decision                      16
      36.     Dealing with appeal                                16
              Part 5 -- Examination by psychiatrist
      37.     Preparation of psychiatric report                  17
      38.     Providing information for psychiatrist             17
      39.     Copies of report to DPP and person examined        18
              Part 6 -- General
      40.     Proceedings to be criminal proceedings             19
      41.     Deciding certain matters on the papers             19
      42.     Evidence in certain hearings                       19
      43.     Court may give directions                          20

page ii
                           Dangerous Sexual Offenders Bill 2005



                                                       Contents



44.   Appearance at hearings                             20
45.   Warrant of commitment upon order for detention     20
46.   Approved forms                                     21
47.   Regulations                                        21




                                                        page iii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)


       Dangerous Sexual Offenders Bill 2005


                               A Bill for


An Act to provide for the detention in custody of persons of a
particular class, or for their supervision, and for other purposes.



The Parliament of Western Australia enacts as follows:




                                                                 page 1
     Dangerous Sexual Offenders Bill 2005
     Part 1        Preliminary

     s. 1



                            Part 1 -- Preliminary
     1.       Short title
              This is the Dangerous Sexual Offenders Act 2005.

     2.       Commencement
 5            This Act comes into operation on a day fixed by proclamation.

     3.       Terms used in this Act
              In this Act, unless the contrary intention appears --
              "chief executive officer" means the chief executive officer of
                   the department of the Public Service principally assisting
10                 the Minister with the administration of this Act;
              "community corrections officer" has the meaning given to
                   that term in the Sentence Administration Act 2003
                   section 4(2);
              "continuing detention order" means a Division 2 continuing
15                 detention order or a Division 4 continuing detention order;
              "criminal record" means the criminal record kept by the
                   Commissioner of Police;
              "Division 2 continuing detention order" means an order under
                   section 17(1)(a);
20            "Division 2 order" means --
                   (a) Division 2 continuing detention order; or
                   (b) a supervision order under section 17(1)(b);
              "Division 4 continuing detention order" means an order under
                   section 23(b);
25            "DPP" means the holder of the office of Director of Public
                   Prosecutions under the Director of Public Prosecutions
                   Act 1991;
              "offender" has the meaning given to that term in section 8(1);



     page 2
                                           Dangerous Sexual Offenders Bill 2005
                                                     Preliminary         Part 1

                                                                              s. 4



                "preliminary hearing" means a preliminary hearing referred to
                    in section 11(1);
                "psychiatrist" has the meaning given to that term in the Mental
                    Health Act 1996 section 3;
 5              "serious danger to the community" has the meaning given to
                    that term in section 7;
                "serious sexual offence" has the meaning given to that term in
                    the Evidence Act 1906 section 106A;
                "supervision order" means an order under section 17(1)(b)
10                  or 33(2)(b);
                "under sentence of imprisonment" has a meaning that is
                    consistent with the Sentence Administration Act 2003
                    section 66.

     4.         Objects of this Act
15              The objects of this Act are --
                 (a) to provide for the detention in custody or the supervision
                       of persons of a particular class to ensure adequate
                       protection of the community; and
                 (b) to provide for continuing control, care, or treatment, of
20                     persons of a particular class.

     5.         Relationship with Bail Act 1982
                The Bail Act 1982 does not apply to a person detained under
                this Act.

     6.         Attorney General may perform functions of DPP
25        (1)   The Attorney General may make an application that the DPP
                may make under this Act and may give a consent that the DPP
                may give under this Act.
          (2)   In connection with the exercise by the Attorney General of a
                power of the DPP, a reference in this Act to the DPP includes,
30              as an alternative, a reference to the Attorney General.


                                                                          page 3
     Dangerous Sexual Offenders Bill 2005
     Part 1        Preliminary

     s. 7



     7.         Serious danger to the community
          (1)   Before the court dealing with an application under this Act may
                find that a person is a serious danger to the community, the
                court has to be satisfied that there is an unacceptable risk that, if
 5              the person were not subject to a continuing detention order or a
                supervision order, the person would commit a serious sexual
                offence.
          (2)   The DPP has the onus of satisfying the court as described in
                subsection (1) and the court has to be satisfied --
10                (a) by acceptable and cogent evidence; and
                  (b) to a high degree of probability.
          (3)   In deciding whether to find that a person is a serious danger to
                the community, the court must have regard to --
                  (a) any report that a psychiatrist prepares as required by
15                      section 37 for the hearing of the application and the
                        extent to which the person cooperated when the
                        psychiatrist examined the person;
                  (b) any other medical, psychiatric, psychological, or other
                        assessment relating to the person;
20                (c) information indicating whether or not the person has a
                        propensity to commit serious sexual offences in the
                        future;
                  (d) whether or not there is any pattern of offending
                        behaviour on the part of the person;
25                (e) any efforts by the person to address the cause or causes
                        of the person's offending behaviour, including whether
                        the person has participated in any rehabilitation
                        program;
                   (f) whether or not the person's participation in any
30                      rehabilitation program has had a positive effect on the
                        person;
                  (g) the person's antecedents and criminal record;


     page 4
                            Dangerous Sexual Offenders Bill 2005
                                      Preliminary         Part 1

                                                             s. 7



    (h)   the risk that, if the person were not subject to a
          continuing detention order or a supervision order, the
          person would commit a serious sexual offence;
    (i)   the need to protect members of the community from that
5         risk; and
    (j)   any other relevant matter.




                                                          page 5
     Dangerous Sexual Offenders Bill 2005
     Part 2        Continuing detention or supervision
     Division 1    Application for orders
     s. 8



                Part 2 -- Continuing detention or supervision
                         Division 1 -- Application for orders
     8.           DPP may apply for orders
          (1)     The DPP may file with the Supreme Court an application for
 5                orders under section 14 and section 17(1) in relation to a person
                  (the "offender") who is under sentence of imprisonment wholly
                  or in part for a serious sexual offence.
          (2)     Subsection (1) applies whether the sentence was imposed before
                  or after the commencement of this Act and whether or not the
10                person under sentence of imprisonment is in custody.
          (3)     If the person under sentence of imprisonment is in custody, the
                  application cannot be filed unless there is a possibility that the
                  person might be released from custody within the period of
                  6 months after the application is made.
15        (4)     The application filed with the court must --
                   (a) state the orders sought; and
                   (b) be accompanied by any affidavits to be relied on by the
                         DPP for the purpose of seeking an order or orders under
                         section 14.
20        (5)     The DPP has to cause the offender to be given, within 2 days
                  after the application is filed, a copy of the application and any
                  affidavit to be relied on by the DPP.

     9.           Duty to disclose
          (1)     This section applies to an application for a Division 2 order.
25        (2)     The DPP has the same duty to disclose evidence or things in the
                  DPP's possession as if the DPP were prosecuting in a criminal
                  proceeding.
          (3)     The DPP must disclose the evidence or things before the
                  application is heard and as early as is practicable.

     page 6
                                             Dangerous Sexual Offenders Bill 2005
                                  Continuing detention or supervision      Part 2
                                               Application for orders Division 1
                                                                             s. 10



     10.         Application may proceed even if offender discharged
                 Even if, after an application is filed under section 8, the offender
                 is discharged from the sentence of imprisonment, the
                 application may proceed and the offender may be dealt with in
 5               accordance with this Act.

     11.         Fixing day for preliminary hearing
           (1)   After an application is filed under section 8, the proper officer
                 of the court must fix a day for the matter to come before the
                 court for a preliminary hearing.
10         (2)   The day fixed has to be within 14 days after the application is
                 filed.
           (3)   The main purpose of the preliminary hearing is to decide
                 whether the court is satisfied that there are reasonable grounds
                 for believing that the court might, under section 7(1), find that
15               the offender is a serious danger to the community.

     12.         Offender may file affidavits in response
           (1)   The offender may file affidavits to be relied on by the offender
                 for the preliminary hearing.
           (2)   The offender must give a copy of the affidavits to the DPP at
20               least 3 days before the day fixed for the preliminary hearing.

     13.         Contents of affidavit
                 An affidavit for use in a preliminary hearing must be confined
                 to the evidence the person making it could give orally except
                 that it may contain statements based on information and belief if
25               the person making the affidavit states the source of the
                 information and the grounds for the belief.

     14.         Preliminary hearing
           (1)   At a preliminary hearing, if the court is satisfied that there are
                 reasonable grounds for believing that the court might, under


                                                                               page 7
     Dangerous Sexual Offenders Bill 2005
     Part 2        Continuing detention or supervision
     Division 1    Application for orders
     s. 15



                 section 7(1), find that the offender is a serious danger to the
                 community, the proper officer of the court must fix a day for the
                 hearing of the application for a Division 2 order.
           (2)   If the court is satisfied as described in subsection (1) --
 5                  (a) the court must order that the offender undergo
                         examinations by 2 psychiatrists named by the court for
                         the purposes of preparing the reports required by
                         section 37 that are to be used on the hearing of the
                         application; and
10                 (b) the court may --
                            (i) if the offender is in custody and might otherwise
                                  be released from custody before the application
                                  is finally decided, order that the offender be
                                  detained in custody for the period stated in the
15                                order;
                           (ii) if the offender is not in custody, order that the
                                  offender be detained in custody for the period
                                  stated in the order.

     15.         Authority for psychiatrist to examine offender
20               An order under section 14(2)(a) authorises each of the
                 2 psychiatrists named in the order to examine the offender
                 and report in accordance with Part 5.

     16.         Discontinuing application for Division 2 order
           (1)   The DPP may, at any time, discontinue an application for a
25               Division 2 order by giving to each of the proper officer of the
                 court and the offender a notice of discontinuance.
           (2)   The application is to be taken to be dismissed by the court when
                 the notice is given to the proper officer of the court.
           (3)   If the offender is subject to an order under section 14(2) to be
30               detained in custody, the DPP must apply immediately to the
                 court for rescission of the order.


     page 8
                                            Dangerous Sexual Offenders Bill 2005
                                 Continuing detention or supervision      Part 2
                                                             Orders  Division 2
                                                                            s. 17



                                 Division 2 -- Orders
     17.         Division 2 orders
           (1)   If the court hearing an application for a Division 2 order finds
                 that the offender is a serious danger to the community, the court
 5               may --
                    (a) order that the offender be detained in custody for an
                         indefinite term for control, care, or treatment; or
                   (b) order that at all times during the period stated in the
                         order when the offender is not in custody the offender be
10                       subject to conditions that the court considers appropriate
                         and states in the order.
           (2)   In deciding whether to make an order under subsection (1)(a)
                 or (b), the paramount consideration is to be the need to ensure
                 adequate protection of the community.

15   18.         Conditions of supervision order
           (1)   If the court makes a supervision order against a person, the
                 order must require that the person --
                    (a) report to a community corrections officer at the place,
                         and within the time, stated in the order and advise the
20                       officer of the person's current name and address;
                   (b) report to, and receive visits from, a community
                         corrections officer as directed by the court;
                    (c) notify a community corrections officer of every change
                         of the person's name, place of residence, or place of
25                       employment at least 2 days before the change happens;
                   (d) be under the supervision of a community corrections
                         officer;
                    (e) not leave, or stay out of, the State of Western Australia
                         without the permission of a community corrections
30                       officer; and



                                                                            page 9
     Dangerous Sexual Offenders Bill 2005
     Part 2        Continuing detention or supervision
     Division 3    Amendment of supervision order
     s. 19



                   (f)   not commit a sexual offence as defined in the Evidence
                         Act 1906 section 36A during the period of the order.
           (2)   The supervision order may contain any other terms that the
                 court thinks appropriate --
 5                 (a) to ensure adequate protection of the community; or
                   (b) for the rehabilitation or care or treatment of the person
                         subject to the order.

                 Division 3 -- Amendment of supervision order
     19.         Application to amend conditions of supervision order
10         (1)   An application to the Supreme Court for it to amend the
                 conditions of a supervision order may be made --
                   (a) by the person who is subject to the supervision order; or
                   (b) with the DPP's consent, by the chief executive officer.
           (2)   If the person who is subject to the order makes the application,
15               the person has to give notice of the application to the DPP and
                 to the chief executive officer.
           (3)   If the chief executive officer makes the application, the chief
                 executive officer has to give notice of the application to the
                 person who is subject to the order.

20   20.         Amendment of conditions of supervision order
           (1)   The court may, on an application under section 19, amend the
                 conditions of a supervision order if the court is satisfied that --
                   (a) the person who is subject to the order is not able to
                         comply with the conditions of the order because of a
25                       change in the person's circumstances; or
                   (b) the amendment is necessary or desirable for any other
                         reason.




     page 10
                                            Dangerous Sexual Offenders Bill 2005
                                 Continuing detention or supervision      Part 2
                                  Contravention of supervision order Division 4
                                                                            s. 21



           (2)   Before amending the conditions the court has to be satisfied
                 that --
                   (a) the conditions, as amended, would be sufficient to
                        ensure adequate protection of the community; and
 5                 (b) it is reasonable to make the amendment in all the
                        circumstances.

                 Division 4 -- Contravention of supervision order
     21.         Summons or warrant because of contravention
           (1)   A member of the police force or community corrections officer
10               who reasonably suspects that a person who is subject to a
                 supervision order is likely to contravene, is contravening, or has
                 contravened, a condition of the order may apply to a magistrate
                 for the issue of a summons or warrant under subsection (2).
           (2)   If the magistrate is satisfied that there are reasonable grounds
15               for the suspicion described in subsection (1), the magistrate has
                 to issue, in the form approved by the chief executive officer --
                    (a) a summons requiring the person who is subject to the
                         supervision order to appear before the Supreme Court
                         for it to consider the suspected or anticipated
20                       contravention; or
                   (b) a warrant directed to all members of the police force for
                         the person who is subject to the supervision order to be
                         arrested and brought before the Supreme Court for it to
                         consider the suspected or anticipated contravention.
25         (3)   The summons or warrant may state the suspected or anticipated
                 contravention in general terms.
           (4)   A magistrate cannot issue a warrant under subsection (2)
                 unless --
                   (a) the application is supported by evidence on oath; and
30                (b) the magistrate is satisfied that the person against whom
                        it is issued would not appear in answer to a summons.


                                                                           page 11
     Dangerous Sexual Offenders Bill 2005
     Part 2        Continuing detention or supervision
     Division 5    Supervision order extended due to imprisonment
     s. 22



           (5)   Even if subsection (4) does not prevent a warrant from being
                 issued, a magistrate may refuse to issue a warrant if the
                 magistrate considers that it would be unjust to issue it.

     22.         DPP may seek order
 5         (1)   If a person appears before the Supreme Court under a summons
                 or warrant issued under section 21, the DPP may apply to the
                 court for an order under section 23.
           (2)   The application must state the order sought.

     23.         Court may make order
10               If the court is satisfied, on the balance of probabilities, that the
                 person who is subject to the supervision order is likely to
                 contravene, is contravening, or has contravened, a condition of
                 the supervision order, the court may --
                    (a) make an order amending the conditions of the
15                       supervision order and, if the court considers it
                         appropriate in order to achieve compliance with the
                         supervision order or necessary in order to ensure
                         adequate protection of the community, make any other
                         order; or
20                 (b) if the court is also satisfied that there is an unacceptable
                         risk that, if an order under this paragraph were not made,
                         the person would commit a serious sexual offence, order
                         that the person be detained in custody for an indefinite
                         term for control, care, or treatment.

25   Division 5 -- Supervision order extended due to imprisonment
     24.         Extension of supervision order
           (1)   This section applies if a person who is subject to a supervision
                 order is sentenced to a term or period of imprisonment for any
                 offence, other than a sexual offence as defined in the Evidence
30               Act 1906 section 36A, whether committed before or after the
                 supervision order was made.

     page 12
                                            Dangerous Sexual Offenders Bill 2005
                                 Continuing detention or supervision      Part 2
                                         General provisions for Part Division 6
                                                                            s. 25



           (2)   The period for which the supervision order applies is extended
                 by any period after the order is made during which the person is
                 in custody serving the sentence of imprisonment.

                    Division 6 -- General provisions for Part 2
 5   25.         Effect of continuing detention order
                 A continuing detention order has effect in accordance with its
                 terms from the time the order is made until rescinded by a
                 further order of the Supreme Court.

     26.         Effect of supervision order
10               A supervision order has effect in accordance with its terms.

     27.         Court to give reasons
           (1)   If a court makes a continuing detention order or a supervision
                 order, it must give detailed reasons for making the order.
           (2)   The reasons must be given at the time the order is made.




                                                                            page 13
     Dangerous Sexual Offenders Bill 2005
     Part 3        Annual reviews of detention

     s. 28



                   Part 3 -- Annual reviews of detention
     28.         Purpose of this Part
                 The purpose of this Part is to ensure that a person's detention
                 under a continuing detention order is regularly reviewed.

 5   29.         Review -- periodic
           (1)   While a person is subject to a continuing detention order, the
                 DPP must apply to the Supreme Court for the person's detention
                 under the order to be reviewed as specified in subsection (2).
           (2)   Reviews have to be carried out --
10                (a) as soon as practicable after the end of a period of 1 year
                       commencing when the person is first in custody on a day
                       on which the person would not have been in custody had
                       the order not been made; and
                  (b) as soon as practicable after the end of the period of
15                     1 year commencing when the detention was most
                       recently reviewed under this section or section 30.

     30.         Review -- application by person subject to order
           (1)   A person who is subject to a continuing detention order may,
                 with the leave of the court, apply to the Supreme Court for the
20               person's detention under the order to be reviewed.
           (2)   Before granting leave the court must be satisfied that there are
                 exceptional circumstances that relate to the person.
           (3)   An application cannot be made under this section for a person's
                 detention to be reviewed until after the detention has been
25               reviewed under section 29(2)(a).
           (4)   When a person applies under this section for the person's
                 detention to be reviewed or applies for leave to make an
                 application of that kind, the proper officer of the court must
                 immediately give a copy of the application to the DPP.


     page 14
                                            Dangerous Sexual Offenders Bill 2005
                                         Annual reviews of detention      Part 3

                                                                               s. 31



     31.         Dealing with the application
           (1)   As soon as practicable after an application is made under
                 section 29 or 30, the court has to give directions for the hearing
                 of the application.
 5         (2)   The application must be heard, and the review must be carried
                 out, as soon as it is practicable to do so in accordance with any
                 directions given by the court.

     32.         Psychiatrists' reports to be prepared for review
           (1)   Unless the court otherwise orders, the chief executive officer
10               must arrange for a person to be examined by 2 psychiatrists for
                 the purposes of preparing the reports required by section 37 that
                 are to be used on a review under this Part.
           (2)   This section authorises each of the 2 psychiatrists to examine
                 the person and report in accordance with Part 5.

15   33.         The review
           (1)   When the court, on an application made under section 29 or 30,
                 reviews a person's detention under a continuing detention order,
                 the court must rescind the order if it does not find that the
                 person subject to the order remains a serious danger to the
20               community.
           (2)   The court may, if it finds that the person subject to the order
                 remains a serious danger to the community, either --
                   (a) expressly decline to rescind the order; or
                   (b) rescind the order and make an order that at all times
25                      during the period stated in the order when the person is
                        not in custody the person be subject to conditions that
                        the court considers appropriate and states in the order.
           (3)   In making a decision under subsection (2), the paramount
                 consideration is to be the need to ensure adequate protection of
30               the community.


                                                                            page 15
     Dangerous Sexual Offenders Bill 2005
     Part 4        Appeals

     s. 34



                                 Part 4 -- Appeals
     34.         Appeals
                 The DPP or a person in relation to whom the court makes a
                 decision under this Act, other than this Part, may appeal to the
 5               Court of Appeal against the decision.

     35.         Appeal does not stay decision
           (1)   An appeal against a decision does not stay the operation of the
                 decision unless the Court of Appeal orders otherwise.
           (2)   However, if the Court of Appeal might, in finally determining
10               the appeal, order that a party to the appeal be detained in
                 custody, the court may order that the party be detained in
                 custody until the determination of the appeal.

     36.         Dealing with appeal
           (1)   An appeal is by way of rehearing.
15         (2)   The Court of Appeal --
                  (a) has all the powers and duties of the court making the
                       decision against which the appeal is made;
                  (b) may draw inferences of fact, not inconsistent with the
                       findings of the court making the decision against which
20                     the appeal is made; and
                  (c) may, on special grounds, receive further evidence as to
                       questions of fact, either orally in court, by affidavit, or
                       in another way.




     page 16
                                            Dangerous Sexual Offenders Bill 2005
                                         Examination by psychiatrist      Part 5

                                                                               s. 37



                   Part 5 -- Examination by psychiatrist
     37.         Preparation of psychiatric report
           (1)   Each psychiatrist named in an order under section 14(2)(a) or
                 with whom the chief executive officer makes an arrangement
 5               under section 32(1) must examine the person to whom the order
                 or arrangement relates and prepare an independent report.
           (2)   The report has to indicate --
                  (a) the psychiatrist's assessment of the level of risk that, if
                        the person were not subject to a continuing detention
10                      order or a supervision order, the person would commit a
                        serious sexual offence; and
                  (b) the reasons for the psychiatrist's assessment.
           (3)   The psychiatrist must have regard to any report or information
                 that the chief executive officer gives to the psychiatrist under
15               section 38(1).
           (4)   The obligation under subsection (1) to prepare a report applies
                 even if the person to be examined does not cooperate, or does
                 not cooperate fully, in the examination.

     38.         Providing information for psychiatrist
20         (1)   The chief executive officer must give to each psychiatrist, for
                 the purpose of preparing the report, any medical, psychiatric,
                 prison, or other relevant report or information relating to the
                 person to be examined that is in the chief executive officer's
                 possession or to which the chief executive officer has, or may
25               be given, access.
           (2)   The chief executive officer must give to the DPP a copy of
                 anything that the chief executive officer gives to a psychiatrist
                 under subsection (1).
           (3)   A person in possession of any medical, psychiatric, prison, or
30               other relevant report or information relating to the person to be
                 examined must give a copy of the report or the information to

                                                                            page 17
     Dangerous Sexual Offenders Bill 2005
     Part 5        Examination by psychiatrist

     s. 39



                 the chief executive officer if asked by the chief executive officer
                 to do so.
           (4)   Subsection (3) applies despite any other law or any duty of
                 confidentiality.
 5         (5)   If a person asked under subsection (3) to give a copy of any
                 report or information to the chief executive officer refuses to do
                 so, the chief executive officer may apply to the court for an
                 order requiring the person to give the report or information to
                 the chief executive officer.
10         (6)   A person asked under subsection (3) or ordered under
                 subsection (5) to give a report or information to the chief
                 executive officer is not liable, civilly, criminally, or under an
                 administrative process, for doing so.

     39.         Copies of report to DPP and person examined
15         (1)   A psychiatrist who prepares a report as required by
                 section 37(1) must give a copy of the report to the DPP within
                 7 days after finalising the report.
           (2)   The DPP must give a copy of the report to the person examined
                 before the end of the day after the DPP receives the report and
20               at the same time give to the person a copy of anything that the
                 chief executive officer gives to the DPP under section 38(2).




     page 18
                                            Dangerous Sexual Offenders Bill 2005
                                                        General           Part 6

                                                                              s. 40



                                 Part 6 -- General
     40.         Proceedings to be criminal proceedings
                 Proceedings under this Act or on an appeal under this Act, are to
                 be taken to be criminal proceedings for all purposes.

 5   41.         Deciding certain matters on the papers
           (1)   This section applies to how the court may decide --
                  (a) whether it is satisfied, as required by section 14(1), that
                        there are reasonable grounds for the belief described in
                        that subsection; or
10                (b) whether it is satisfied as required by section 20.
           (2)   The court may decide entirely or partly from a consideration of
                 the documents filed, without the offender or person subject to
                 the order or witnesses appearing and without the offender or
                 person subject to the order consenting to, or being heard on, the
15               making of the decision.
           (3)   In making its decision, the court may receive in evidence --
                   (a) any document relevant to the antecedents or criminal
                        record of the offender or person subject to the order;
                   (b) anything relevant contained in the official transcript of
20                      any judicial proceeding against the offender or person
                        subject to the order for a serious sexual offence, or
                        contained in any medical, psychiatric, psychological or
                        other report tendered in a proceeding of that kind.

     42.         Evidence in certain hearings
25         (1)   This section applies to --
                  (a) an application for a Division 2 order;
                  (b) an application under section 29 or 30 for a review; and
                  (c) an application for an order under section 23.



                                                                           page 19
     Dangerous Sexual Offenders Bill 2005
     Part 6        General

     s. 43



           (2)   Before the court makes a decision or order on the hearing of an
                 application it must, if the evidence is admissible --
                   (a) hear evidence called by the DPP; and
                   (b) hear evidence given or called by the offender or person
 5                       subject to the order, if that person elects to give or call
                         evidence.
           (3)   Except as modified by subsection (4), ordinary rules of evidence
                 apply to evidence given or called under subsection (2).
           (4)   In making its decision, the court may receive in evidence --
10                 (a) any document relevant to a person's antecedents or
                        criminal record;
                   (b) anything relevant contained in the official transcript of
                        any proceeding against a person for a serious sexual
                        offence, or contained in any medical, psychiatric,
15                      psychological or other report tendered in a proceeding of
                        that kind.

     43.         Court may give directions
                 The court may, on its own initiative or on the application of a
                 party, give directions in relation to the conduct of a proceeding
20               under this Act.

     44.         Appearance at hearings
           (1)   A person is entitled to appear at the hearing of an application for
                 a Division 2 order against that person.
           (2)   A person is entitled to appear at the hearing of an application
25               under section 29 or 30 for the review of the person's detention
                 under a continuing detention order.

     45.         Warrant of commitment upon order for detention
                 If a court orders under this Act that a person be detained in
                 custody, it must issue a warrant for the person's apprehension, if
30               necessary, and detention in a prison under the Prisons Act 1981.

     page 20
                                     Dangerous Sexual Offenders Bill 2005
                                                 General           Part 6

                                                                       s. 46



    46.   Approved forms
          The chief executive officer may approve forms for use under
          this Act.

    47.   Regulations
5         The Governor may make regulations prescribing all matters that
          are required or permitted by this Act to be prescribed, or are
          necessary or convenient to be prescribed for giving effect to the
          purposes of this Act.




 


[Index] [Search] [Download] [Related Items] [Help]