On an application to revoke a supervision order under Part 8A of the Criminal Law Consolidation Act 1935 (SA), a judge is entitled to have regard to the conduct the subject of the charges in assessing risk to the community, notwithstanding that the defendant has not been convicted. However, where the mental impairment that led to the supervision order has resolved and the risk assessment depends primarily on matters other than that impairment, the judge must identify the relevant issues and give the parties an opportunity to adduce evidence on them, adopting a semi-inquisitorial approach where appropriate. The absence of conviction does not render the defendant's past conduct irrelevant to the risk assessment, but procedural fairness requires that the defendant be given fair notice of the matters the judge considers important.
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