› Preliminary hearing – reasonable grounds for believing court might find respondent a high risk serious offender
Criminal law
› High Risk Serious Offenders Act 2020 (WA)
› Interim detention order – s 46(2)(c)(i) – liberty to apply
Criminal law
› High Risk Serious Offenders Act 2020 (WA)
› Interim supervision order – prematurity pending parole decision
Criminal law
› Post-sentence restriction orders
› Use of risk assessment reports from earlier application
Quick Take
1At a preliminary hearing under the High Risk Serious Offenders Act 2020 (WA), the question is whether there are reasonable grounds for believing the court might find the offender to be a high risk serious offender. Where the threshold is met, the application is referred to a final hearing and interim orders may be made under s 46(2).
2Risk assessment reports prepared for an earlier, discontinued application under the Act, though several years old, may still assist at a preliminary hearing because they address the statutory criteria. On the facts, their weight was reinforced because the offender committed further serious offences soon after the reports were written, and there was no evidence of significant treatment gains.
3Where the offender is still eligible for parole and the Prisoners Review Board's decision is pending, it may be premature to consider an interim supervision order. An interim detention order may instead be made to preserve the status quo, with liberty to apply if parole is granted.
