a relevant offence if a detention order or supervision order is not made and the offender is in the community. (2) In determining whether the offender is likely to commit a relevant offence in the circumstances described in subsection (1), the Supreme Court must, subject to this Division, have regard to— assessment report or progress report filed in the Court, whether by or on behalf of the Director of Public Prosecutions or the offender; and other report made, or evidence given, in relation to the application; and else the Court considers appropriate. (3) In determining whether or not the offender poses an unacceptable risk as set out in subsection (1), the Supreme Court must not consider the means of managing the risk or the likely impact of a detention order or supervision order on the offender. (4) For the avoidance of the Supreme Court may determine under subsection (1) that an offender poses an unacceptable risk of committing a relevant offence even if the likelihood that the offender will commit a relevant offence is less than a likelihood of more likely than not. (5) The Director of Public Prosecutions has the burden of proving that the offender poses an unacceptable risk as set out in subsection (1).
a relevant offence if a detention order or supervision order is not made and the offender is in the community. (2) In determining whether the offender is likely to commit a relevant offence in the circumstances described in subsection (1), the Supreme Court must, subject to this Division, have regard to— assessment report or progress report filed in the Court, whether by or on behalf of the Director of Public Prosecutions or the offender; and other report made, or evidence given, in relation to the application; and else the Court considers appropriate. (3) In determining whether or not the offender poses an unacceptable risk as set out in subsection (1), the Supreme Court must not consider the means of managing the risk or the likely impact of a detention order or supervision order on the offender. (4) For the avoidance of the Supreme Court may determine under subsection (1) that an offender poses an unacceptable risk of committing a relevant offence even if the likelihood that the offender will commit a relevant offence is less than a likelihood of more likely than not. (5) The Director of Public Prosecutions has the burden of proving that the offender poses an unacceptable risk as set out in subsection (1).
09-91a017.docx