Sentencing Act 1995

If a superior court —

sentences an offender for an indictable offence to a term of imprisonment; and

does not suspend that imprisonment; and

does not make a parole eligibility order in respect of that term,

Indefinite imprisonment must not be ordered unless the court is satisfied on the balance of probabilities that when the offender would otherwise be released from custody in respect of the nominal sentence or any other term, he or she would be a danger to society, or a part of it, because of one or more of these factors:

the exceptional seriousness of the offence;

the risk that the offender will commit other indictable offences;

the character of the offender and in particular —

any psychological, psychiatric or medical condition affecting the offender;

the number and seriousness of other offences of which the offender has been convicted;

any other exceptional circumstances.

In deciding whether an offender would be a danger to society, or a part of it, the court —

is not to decide that the offender would not be a danger merely because of the possibility that an order might be made in respect of the offender under the High Risk Serious Offenders Act 2020; and

is not bound by section 6 but is bound by any guidelines on the imposition of indefinite imprisonment in a guideline judgment given under section 143; and

may have regard to such evidence as it thinks fit.