HIGH RISK OFFENDER — interim supervision order — what conditions likely to be effective — recent alleged offending potentially relevant to risk — defendant in custody bail refused for recent alleged offending — suspension of examinations while awaiting hearing of recent charges — conditions of ISO — conditions should not criminalise minor behavioural issues — unjustifiable conditions should not be imposed
Quick Take
1Conditions of an interim supervision order must not be imposed formulaically; each must have an identifiable and substantive purpose linked to reducing the risk of serious offences, and the interaction of conditions as a whole regime must be assessed — conditions that criminalise minor behavioural matters set up offenders to fail and do not serve community protection in any real sense.
2Where a defendant on remand for unresolved charges is entitled to silence about those charges, and those charges are relevant to risk assessment, it may be appropriate to suspend enforcement of s 7(4) examination orders rather than conduct examinations that would be stymied on key issues.
3The term 'abusive' in a behavioural condition directed at interactions with supervising officers is too subjective and inadequately defined to justify a potential 5-year criminal penalty for breach, though 'threatening' and 'intimidating' conduct may be appropriately proscribed given the mandatory nature of the supervisory relationship.
