On a periodic review under s 43ZH(2) of the Criminal Code Act 1983 (NT), the court must be satisfied that the risk to safety is 'serious' — it is not sufficient to find some risk. The [name withheld] standard applies given the serious intrusion into liberty. Where a supervised person refuses to engage with mental health services and the risk assessment is stale, the court may order further reports under s 43ZN(2)(a)(i) addressing non-custodial management options rather than simply confirming the custodial order. The proposition that a supervised person must remain in custody indefinitely unless they engage with treatment is unacceptable where alternative risk management options have not been explored.
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