A declaration under s 159A(3)(c) of the Penalties and Sentences Act 1992 (Qld) that pre-sentence custody is imprisonment already served under the sentence has the effect of backdating the sentence, and where this creates an unbroken period of imprisonment including a term for a serious sexual offence, a DPSO Act application brought in respect of the earlier sentence becomes otiose if a fresh application can be made in the last six months of the extended period. The risk assessment under s 13(1) of the DPSO Act is to be made at the time of the hearing on the hypothetical basis that the prisoner is released at that time, not at the time of actual release.
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