HIGH RISK OFFENDERS — extended supervision orders — term of — consideration of appropriate length having regard to neurocognitive decline
HIGH RISK OFFENDERS — extended supervision orders — conditions — appropriate conditions — no issue of principle
Quick Take
1Where an offender subject to an ESO application suffers from a progressive neurocognitive disorder (dementia), the court may reduce the duration of the order below that sought by the State to allow for stabilisation of the offender's living situation and supports, with the possibility of variation or revocation under s 13 if risk diminishes before expiry.
2An offender's concession through experienced counsel that the evidence justifies an ESO is entitled to considerable weight given the discretionary nature of the power under s 9(1), but the court must independently satisfy itself that the statutory preconditions including the s 5B(d) unacceptable risk test are met to a high degree of probability.
3Conditions of an ESO including electronic monitoring, curfew, and schedule of movements remain appropriate notwithstanding an offender's cognitive impairment causing compliance difficulties, but require sensitivity in administration by the supervising team.
