› Orders and Declarations Relating to Serious or Violent Offenders or Dangerous Sexual Offenders
› High risk offenders
› Breach of extended supervision order
Criminal Law
› Sentence
› Post-Custodial Orders
› Extended supervision order
› Variation of conditions
› Mental health treatment condition
Criminal Law
› Sentence
› Sentencing Orders
› Orders and Declarations Relating to Serious or Violent Offenders or Dangerous Sexual Offenders
› Appreciable risk to safety of community
Quick Take
1A breach of a supervision order that is attributable to difficulties transitioning from custody to community supervision and associated mental health conditions does not, without more, demonstrate that the supervisory regime has failed to protect the community so as to warrant a continuing detention order.
2Where the risk posed by a high-risk offender can be addressed by varied or additional conditions on an existing extended supervision order — such as mandatory mental health treatment and intensive electronic monitoring — a CDO should not be made, as the power exists for protective not punitive purposes.
3Both jurisdictional facts under s 18(2) of the Criminal Law (High Risk Offenders) Act 2015 (SA) — breach of a supervision order and appreciable risk to community safety if not detained — must be established on the balance of probabilities before the discretion to order detention is enlivened.
