Sentencing Act 2017

In this section—

a prison; and

a place declared by the Governor by proclamation to be a place in which persons may be detained under this section; and

in relation to a youth, includes a training centre;

a person convicted by the Supreme Court of a relevant offence;

a person remanded by the District Court or the Magistrates Court under subsection (2) to be dealt with by the Supreme Court under this section; or

a person who is the subject of an application by the

an offence under section 48, 48A, 49, 50, 56, 58, 59, 63, 63A, 63B,

an offence under section 23 of the Summary Offences

an offence under a corresponding previous enactment substantially similar to an offence referred to in either of the preceding paragraphs;

any other offence where the evidence indicates that the defendant may be incapable of controlling, or unwilling to control, the defendant's sexual instincts; or

an offence of failing to comply with a reporting obligation relating to reportable contact with a child without a reasonable excuse where the defendant is a registrable offender within the meaning of the

If, in proceedings before the District Court or Magistrates Court, a person is convicted of a relevant offence and—

the court is of the opinion that the defendant should be dealt with under this section; or

the prosecutor applies to have the defendant dealt with under this section, the court will, instead of sentencing the defendant itself, remand the convicted person, in custody or on bail, to appear before the Supreme Court to be dealt with under this section.

Subsection (2) does not apply in relation to a serious child sex offender being sentenced for a triggering child sex offence.

If a person has been convicted of a relevant offence, the

The Attorney‑General may make an application under subsection (3) in respect of a person serving a sentence of imprisonment whether or not an application to the Supreme Court to have the person dealt with under this section has previously been made (but, if a previous application has been made, a further application cannot be made more than 12 months before the person is eligible to apply for release on parole).

The Supreme Court may, if the Attorney‑General has made an application under subsection (3) in respect of a person who is in prison serving a sentence of imprisonment, make an interim order that the person is to remain in custody pending determination by the Supreme Court as to whether to make an order under this section that the person be detained in custody until further order.

The Supreme Court must, before determining whether to make an order that a person to whom this section applies be detained in custody until further order, direct that at least 2 legally qualified medical practitioners (to be nominated by a prescribed authority for the purpose) inquire into the mental condition of a person to whom this section applies and report to the Court on whether the person is incapable of controlling, or unwilling to control, the person's sexual instincts.

The Supreme Court may order that a person to whom this section applies be detained in custody until further order if satisfied that the order is appropriate.

The paramount consideration of the Supreme Court in determining whether to make an order that a person to whom this section applies be detained in custody until further order must be to protect the safety of the community (whether as individuals or in general).

The Supreme Court must also take the following matters into consideration in determining whether to make an order that a person to whom this section applies be detained in custody until further order:

the reports of the medical practitioners (as directed and nominated under subsection (6)) provided to the Court;

any relevant evidence or representations that the person may desire to put to the Court;

any report required by the Court under section 61;

any other matter that the Court thinks relevant.

A copy of a report provided to the Supreme Court under subsection (9) must be given to each party to the proceedings or to counsel for those parties.

If a person to whom this section applies refuses to cooperate with an inquiry or examination for the purposes of this section, the Supreme Court may, if satisfied that the order is appropriate, order that the person be detained in custody until further order having given—

paramount consideration to protecting the safety of the community (whether as individuals or in general); and

consideration to any relevant evidence and representations that the person may desire to put to the Court.

If a person to whom this section applies has not been sentenced for a relevant offence, the Supreme Court will deal with the question of sentence at the same time as it deals with the question whether an order is to be made under this section and, if the Court decides to make such an order, the order may be made in addition to, or instead of, a sentence of imprisonment.

If the detention is in addition to a sentence of imprisonment, the detention will commence on the expiration of the term of imprisonment, or of all terms of imprisonment, that the person is liable to serve.

A person detained in custody under this section will be detained—

if the defendant is under 18 years of age—in such institution (not being a prison) as the Minister for Youth Justice from time to time directs;

in any other case—in such institution as the Minister for

The progress and circumstances of a person subject to an order under this section must be reviewed at least once in each period of

if the person is detained in, or released on licence from, a training centre—by the Training Centre Review Board; or

in any other case—by the Parole Board, for the purpose of making a recommendation about whether the person is—

if the person is in custody—suitable for release on licence under section 59; or

if the person has been authorised to be released, or has been released, on licence under section 59—suitable to be so released.

The results of a review under subsection (15), including the recommendation of the relevant Board, must be embodied in a written report, a copy of which must be provided to the person the subject of the report, the Attorney‑General and—

in the case of a report of the Training Centre Review

in the case of a report of the Parole Board—the Minister for