Parole Act 2002

107I Sentencing court may make extended supervision order

(1)

The purpose of an extended supervision order is to protect members of the community from those who, following receipt of a determinate sentence, pose a real and ongoing risk of committing serious sexual or violent offences.

(2)

A sentencing court may make an extended supervision order if, following the hearing of an application made under section 107F, the court is satisfied, having considered the matters addressed in the health assessor’s report as set out in section 107F(2A), that—

(a)

the offender has, or has had, a pervasive pattern of serious sexual or violent offending; and

(b)

either or both of the following apply:

(i)

there is a high risk that the offender will in future commit a relevant sexual offence:

(ii)

there is a very high risk that the offender will in future commit a relevant violent offence.

(3)

To avoid doubt, a sentencing court may make an extended supervision order in relation to an offender who was, at the time the application for the order was made, an eligible offender, even if, by the time the order is made, the offender has ceased to be an eligible offender.

(4)

Every extended supervision order must state the term of the order, which may not exceed 10 years.

(5)

The term of the order must be the minimum period required for the purposes of the safety of the community in light of—

(a)

the level of risk posed by the offender; and

(b)

the seriousness of the harm that might be caused to victims; and

(c)

the likely duration of the risk.

(6)

[Repealed]

Section 107I: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 107I(1): amended, on 12 December 2014, by section 15(1) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).

Section 107I(2): replaced, on 12 December 2014, by section 15(2) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).

Section 107I(6): repealed, on 12 December 2014, by section 15(3) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).