Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105A - Continuing detention orders  

Subdivision C - Making a continuing detention order  

SECTION 105A.8   Matters a Court must have regard to in making a continuing detention order  

(1)  
In deciding whether the Court is satisfied as referred to in paragraph 105A.7(1)(b) in relation to a terrorist offender, a Supreme Court of a State or Territory must have regard to the following matters:


(a) the safety and protection of the community;


(b) any report received from a relevant expert under section 105A.6 in relation to the offender, and the level of the offender ' s participation in the assessment by the expert;


(c) the results of any other assessment conducted by a relevant expert of the risk of the offender committing a serious Part 5.3 offence, and the level of the offender ' s participation in any such assessment;


(d) any report, relating to the extent to which the offender can reasonably and practicably be managed in the community, that has been prepared by:


(i) the relevant State or Territory corrective services; or

(ii) any other person or body who is competent to assess that extent;


(e) any treatment or rehabilitation programs in which the offender has had an opportunity to participate, and the level of the offender ' s participation in any such programs;


(f) the level of the offender ' s compliance with any obligations to which he or she is or has been subject while:


(i) on release on parole for any offence referred to in paragraph 105A.3(1)(a) ; or

(ii) subject to a continuing detention order or interim detention order;


(g) the offender ' s history of any prior convictions for, and findings of guilt made in relation to, any offence referred to in paragraph 105A.3(1)(a) ;


(h) the views of the sentencing court at the time any sentence for any offence referred to in paragraph 105A.3(1)(a) was imposed on the offender;


(i) any other information as to the risk of the offender committing a serious Part 5.3 offence.

(2)  
Subsection (1) does not prevent the Court from having regard to any other matter the Court considers relevant.

(3)  
To avoid doubt, section 105A.13 (civil evidence and procedure rules in relation to continuing detention order proceedings) applies to the Court ' s consideration of the matters referred to in subsections (1) and (2) of this section.




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