107G Procedure following application for extended supervision order

(1)

As soon as practicable after an application for an extended supervision order is made, the chief executive must ensure that the offender who is the subject of the application is served, by personal service, with—

(a)

a copy of the application; and

(b)

a copy of the health assessor’s report; and

(c)

copies of any affidavits accompanying the application; and

(d)

a notice setting out the offender’s rights and the procedures relating to the application.

(2)

A Judge of a sentencing court, or a Registrar, Justice, or Community Magistrate, may issue a summons to an offender in respect of whom an application under section 107F is made; and, in that case, rules in relation to service made under the Criminal Procedure Act 2011 apply with all necessary modifications.

(3)

A Judge of a sentencing court may issue a warrant for the arrest of the offender if the Judge is of the opinion that a warrant is necessary to compel the attendance of the offender; and, in that case, sections 162 and 163 of the Criminal Procedure Act 2011 and section 316 of the Crimes Act 1961 apply with all necessary modifications.

(4)

An offender who is the subject of an application for an extended supervision order must be present at the hearing of the application and may be represented by counsel.

(5)

During the hearing, the sentencing court may adjourn the hearing and,—

(a)

if the offender was brought to court under section 65(3) of the Corrections Act 2004, section 65 of that Act applies; or

(b)

if the offender was brought to court following arrest under a warrant issued under subsection (3), the offender may be granted bail in accordance with subsection (6); but, if bail is not granted, the court must remand the offender in custody, in which case the period of the adjournment may not exceed 8 days unless the parties otherwise consent; or

(c)

in any other case (subject to subsection (9)),—

(i)

the court may allow the offender to go at large during the period of the adjournment; or

(ii)

the offender may be granted bail in accordance with subsection (6).

(6)

If an offender who is the subject of an application for an extended supervision order may be granted bail, the Bail Act 2000 applies, with all necessary modifications, as if the offender were charged with an offence and was not bailable as of right.

(7)

The following provisions of the Criminal Procedure Act 2011 apply, with all necessary modifications, to proceedings for an extended supervision order:

(a)

section 184 (criminal records):

(b)
[Repealed]

(c)

section 379 (proceedings not to be questioned for want of form).

(8)

Any summons, warrant, or other form for which the content is prescribed under section 386 of the Criminal Procedure Act 2011 may, if modified appropriately, be used for the purposes of this section.

(9)

Before the Corrections Act 2004 comes into force, section 26(2) of the Penal Institutions Act 1954 applies as if paragraph (a) of that subsection applies to an offender who is subject to an application for an extended supervision order.

(10)

Subpart 3 of Part 5 of the Criminal Procedure Act 2011 (which relates generally to name suppression) applies, with all necessary modifications, to the hearing of an application for an extended supervision order as if the hearing were a proceeding in respect of an offence under any of sections 128 to 142A of the Crimes Act 1961.

(11)

The Costs in Criminal Cases Act 1967 applies, with all necessary modifications, to proceedings under this Part.

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

Section 107G(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 107G(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 107G(5)(b): amended, on 1 October 2007, by section 58 of the Parole Amendment Act 2007 (2007 No 28).

Section 107G(6): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 107G(7): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 107G(7)(b): repealed, on 26 August 2020, by section 29 of the Contempt of Court Act 2019 (2019 No 44).

Section 107G(8): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 107G(10): amended, on 5 March 2012 (applying in relation to a proceeding for an offence that was commenced before that date), by section 393 of the Criminal Procedure Act 2011 (2011 No 81).