107GAA Procedure where hearing contingent on outcome of PPO application

(1)

This section applies to an application for an extended supervision order made in respect of an eligible offender who is also the subject of a PPO application that has not been determined or withdrawn.

(2)

For an application to which this section applies,—

(a)

the sentencing court is (despite anything in section 107D) the High Court; and

(b)

the sentencing court must not hear the application until—

(i)

the proceeding on the PPO application has been completed and the court has declined to make a public protection order against the offender; or

(ii)

the PPO application has been withdrawn; or

(iii)

the public protection order made against the offender has been cancelled as a result of a successful appeal against the order; and

(c)

the notice given under section 107G(1)(d) must inform the offender of the effect of this provision.

(3)

The application is taken to be withdrawn if the court has made a public protection order against the offender and all avenues for appeal are exhausted or the period in which an appeal may be filed expires.

(4)

Where the court has declined to make a public protection order and the court proceeds to hear the application for an extended supervision order, that application must, if practicable, be heard by the same Judge that heard the PPO application.

(5)

In this section, PPO application means an application for a public protection order under section 8 of the Public Safety (Public Protection Orders) Act 2014.

Section 107GAA: inserted, on 12 December 2014, by section 13 of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).