The one-year period for the first annual review of a continuing detention order under s 29(2)(a) of the Dangerous Sexual Offenders Act 2006 (WA) runs from the date the continuing detention order is made, not from the date of any earlier interim detention order under s 14(2)(b). The court has no power to backdate a continuing detention order, and no power to conduct a review before the expiration of the one-year period. Delays in the final hearing that extend the period of interim detention do not bring forward the review date.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.