Sentencing Act 2017

Subject to this Act, a person subject to an order for detention under section 57 will not be released from detention under that section until the Supreme Court, on application by the DPP or the person, discharges the order for detention.

An order for detention under section 57 cannot be discharged unless the person subject to the order satisfies the Supreme Court that—

the person is both capable of controlling and willing to control the person's sexual instincts; or

the person no longer presents an appreciable risk to the safety of the community (whether as individuals or in general) due to the person's advanced age or permanent infirmity.

The Supreme Court must, before determining an application under this section for the discharge of an order for detention under section 57, 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 the person subject to the order and report to the Court on whether the person is incapable of controlling, or unwilling to control, the person's sexual instincts.

The paramount consideration of the Supreme Court when determining an application for the discharge of an order for detention under section 57 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 when determining an application for the discharge of an order for detention under section 57:

the reports of the medical practitioners (as directed and nominated under subsection (2)) provided to the Court;

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

a report provided to the Court by the Training Centre Review Board or Parole Board (as the case may be) in accordance with the direction of the

any opinion that the relevant Board may have about the effect the discharge of the order may have on the safety of the community;

a report as to the probable circumstances of the person if the order is discharged; and

the recommendation of the relevant Board about whether the order should be discharged;

the reports resulting from the periodic reviews under section 57(15) on the progress and circumstances of the person tendered to the Court;

any other report required by the Court under section 61;

any other matter that the Court thinks relevant.

The Supreme Court, when determining an application under this section, must not have regard to the length of time that the person subject to the order may spend in custody if the order is not discharged.

A copy of a report provided to the Supreme Court under subsection (4) must be given to each party to the proceedings or to counsel for those parties.

If the discharge of an order for detention would result in the immediate release of a person subject to the order from custody, the Supreme