A continuing detention order under the Dangerous Sexual Offenders Act 2006 (WA) is an option of last resort, to be used only where no other means of providing adequate community protection are available. The court will not readily accept that it is driven to a continuing detention order by the unavailability of community services suitable to manage an offender who could be managed in the community if necessary services were provided. Under s 23, the likelihood of contravention must be a real or substantial risk, proved on the balance of probabilities. There is a statutory hiatus regarding the power to remand in custody pending s 23 hearings, which the court addressed by finding an implied power.
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