When Would Applications be Made? Under the Council’s proposals, applications for the initial HRO order would need to be made prior to an offender’s earliest release date (usually the parole eligibility date) unless new adverse evidence about an offender’s risk became available (in which case the application would need to be commenced prior to the end of the offender’s sentence). This would allow the offender’s risk to be more intensively managed during the remainder of his or her sentence. The initial HRO order would commence upon the expiry of the offender’s sentence or order. Interim Orders The court would also have the power to make an interim order in circumstances where it considers an offender’s sentence (or an existing order) may expire before the application is determined and where it is in the interests of justice to make an interim order, taking into account the reasons why the application was not before the expiry of the offender’s sentence or order. Eligibility for an HRO Order To be eligible for an initial HRO order an offender would need to: have been found guilty of a serious sexual offence against a child or an adult (such as rape, sexual penetration of a child or committing an indecent act with a child), murder, manslaughter or attempted murder; and be serving a custodial sentence for one of the relevant offences; and be aged 21 years or over at the time the application is made. The Council believes the inclusion of homicide offences— while a point of difference with other existing Australian schemes—would be appropriate given the gravity of harm caused, and the impact of these offences on victims and their families.
When Would Applications be Made? Under the Council’s proposals, applications for the initial HRO order would need to be made prior to an offender’s earliest release date (usually the parole eligibility date) unless new adverse evidence about an offender’s risk became available (in which case the application would need to be commenced prior to the end of the offender’s sentence). This would allow the offender’s risk to be more intensively managed during the remainder of his or her sentence. The initial HRO order would commence upon the expiry of the offender’s sentence or order. Interim Orders The court would also have the power to make an interim order in circumstances where it considers an offender’s sentence (or an existing order) may expire before the application is determined and where it is in the interests of justice to make an interim order, taking into account the reasons why the application was not before the expiry of the offender’s sentence or order. Eligibility for an HRO Order To be eligible for an initial HRO order an offender would need to: have been found guilty of a serious sexual offence against a child or an adult (such as rape, sexual penetration of a child or committing an indecent act with a child), murder, manslaughter or attempted murder; and be serving a custodial sentence for one of the relevant offences; and be aged 21 years or over at the time the application is made. The Council believes the inclusion of homicide offences— while a point of difference with other existing Australian schemes—would be appropriate given the gravity of harm caused, and the impact of these offences on victims and their families.
High%20Risk%20Offenders%20Post%20Sentence%20Supervision%20and%20Detention%20Final%20Report%20Summary.docx