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Queensland
DANGEROUS PRISONERS
(SEXUAL OFFENDERS)
BILL 2003
Queensland
DANGEROUS PRISONERS (SEXUAL
OFFENDERS) BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Objects of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Relationship with Bail Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--CONTINUING DETENTION OR SUPERVISION
Division 1--Application for orders
5 Attorney-General may apply for orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Prisoner may file material in response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7 Contents of affidavit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 Preliminary hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 What a risk assessment order authorises . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Discontinuing application for division 3 order . . . . . . . . . . . . . . . . . . . . . . . 9
Division 2--Psychiatric examinations
11 Preparation of psychiatric report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Psychiatric reports to be given to the Attorney-General and the prisoner. . . 10
Division 3--Orders
13 Division 3 orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14 Effect of continuing detention order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Effect of supervision order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
16 Conditions for supervised release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17 Court to give reasons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2
Dangerous Prisoners (Sexual Offenders) Bill 2003
Division 4--Amendment of supervision orders
18 Application for amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
19 Amendment of conditions of supervision order . . . . . . . . . . . . . . . . . . . . . . 14
Division 5--Contravention of supervision order
20 Summons or warrant for released prisoner suspected of contravening
a supervision order ........................................ 14
21 Contravention of supervision order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
22 Court may make further order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 6--Return to custody of released prisoner
23 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
24 Period in custody not counted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 7--Disclosure provisions
25 Duty to disclose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 3--ANNUAL REVIEWS
26 Purpose of this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
27 Review--periodic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
28 Review--application by prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
29 Psychiatric reports to be prepared for review . . . . . . . . . . . . . . . . . . . . . . . . 17
30 Review hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 4--APPEALS
31 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
32 Time for appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
33 Starting appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
34 Registrar to give respondent copies of particular documents . . . . . . . . . . . . 19
35 Abandoning applications for extensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
36 Abandoning appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
37 Lawyer acting for prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
38 Lawyer withdrawing from acting for prisoner . . . . . . . . . . . . . . . . . . . . . . . 21
39 Application for leave to be present . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
40 Prisoner detained in custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
41 Stay of operation of decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
42 Court's power to order re-arrest on appeal by Attorney-General . . . . . . . . . 22
43 Court of Appeal's powers on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3
Dangerous Prisoners (Sexual Offenders) Bill 2003
PART 5--GENERAL
44 Hearings on the papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
45 Other hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
46 Court may give directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
47 Service on a prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
48 Service or filing by a prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
49 Appearance at hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
50 Order for detention taken to be a warrant for Corrective Services Act . . . . . 25
51 Post-prison community based release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
52 Approved forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
53 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
PART 6--AMENDMENT OF CORRECTIVE SERVICES ACT 2000
54 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
55 Amendment of s 15 (Medical examination or treatment) . . . . . . . . . . . . . . . 26
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 27
DICTIONARY
2003
A BILL
FOR
An Act to provide for the continued detention of particular prisoners
for their control, care or treatment, or for their supervised release, and
for other purposes
s1 6 s4
Dangerous Prisoners (Sexual Offenders) Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title 3
This Act may be cited as the Dangerous Prisoners (Sexual Offenders)
Act 2003. 1
2 Definitions 2
The dictionary in the schedule defines particular words used in this Act. 3
3 Objects of this Act 4
The objects of this Act are-- 5
(a) to provide for the continued detention in custody or supervised 6
release of particular prisoners to ensure adequate protection of 7
the community; and 8
(b) to provide continuing control, care or treatment of particular 9
prisoners to facilitate their rehabilitation. 10
4 Relationship with Bail Act 11
The Bail Act 1980 does not apply to a person detained under this Act. 12
s5 7 s5
Dangerous Prisoners (Sexual Offenders) Bill 2003
PART 2--CONTINUING DETENTION OR 1
SUPERVISION 2
Division 1--Application for orders 3
5 Attorney-General may apply for orders 4
(1) The Attorney-General may apply to the court for an order or orders 5
under section 81 and a division 3 order in relation to a prisoner. 6
(2) The application must-- 7
(a) state the orders sought; and 8
(b) be accompanied by any affidavits to be relied on by the 9
Attorney-General for the purpose of seeking an order or orders 10
under section 8; and 11
(c) be made during the last 6 months of the prisoner's period of 12
imprisonment. 13
(3) On the filing of the application, the registrar must record a return date 14
for the matter to come before the court for a hearing ("preliminary 15
hearing") to decide whether the court is satisfied that there are reasonable 16
grounds for believing the prisoner is a serious danger to the community in 17
the absence of a division 3 order. 18
(4) The return date for the preliminary hearing must be within
14 business days after the filing. 20
19
(5) A copy of the application and any affidavit to be relied on by the 21
Attorney-General must be given to the prisoner within 2 business days after 22
the filing. 23
(6) In this section-- 24
"prisoner" means a prisoner detained in custody who is serving a period 25
of imprisonment for a serious sexual offence, or serving a period of 26
imprisonment that includes a term of imprisonment for a serious 27
sexual offence, whether the person was sentenced to the term or 28
period of imprisonment before or after the commencement of this 29
section. 30
1 Section 8 (Preliminary hearing)
s6 8 s8
Dangerous Prisoners (Sexual Offenders) Bill 2003
6 Prisoner may file material in response 1
(1) The prisoner may file affidavits to be relied on by the prisoner for the 2
preliminary hearing. 3
(2) The prisoner must give a copy of the affidavits to the 4
Attorney-General at least 3 business days before the day set down for the 5
preliminary hearing. 6
7 Contents of affidavit 7
(1) An affidavit must be confined to the evidence the person making it 8
could give if giving evidence orally. 9
(2) However, an affidavit for use in a preliminary hearing may contain 10
statements based on information and belief if the person making it states 11
the sources of the information and the grounds for the belief. 12
8 Preliminary hearing 13
(1) If the court is satisfied there are reasonable grounds for believing the 14
prisoner is a serious danger to the community in the absence of a division 3 15
order, the court must set a date for the hearing of the application for a 16
division 3 order. 17
(2) If the court is satisfied as required under subsection (1), it may make 18
either or both of the following orders-- 19
(a) an order that the prisoner undergo examinations by 20
2 psychiatrists named by the court who are to prepare 21
independent reports (a "risk assessment order"); 22
(b) if the court is satisfied that the prisoner may be released from 23
custody before the application is finally decided, an order that the 24
prisoner be detained in custody for the period stated in the order 25
(an "interim detention order"). 26
(3) If the prisoner is ordered to be detained in custody after the prisoner's 27
period of imprisonment ends, the person remains a prisoner, including for 28
all purposes in relation to an application under this Act. 29
(4) If the court sets a date for the hearing of the application for a 30
division 3 order but the prisoner is released from custody before the 31
application is finally decided, for all purposes in relation to deciding the 32
application this Act continues to apply to the person as if the person were a 33
prisoner. 34
s9 9 s 11
Dangerous Prisoners (Sexual Offenders) Bill 2003
9 What a risk assessment order authorises 1
A risk assessment order authorises the examination of the prisoner by 2
2 psychiatrists, named in the risk assessment order, who must examine the 3
prisoner and prepare a report as required under section 11. 4
10 Discontinuing application for division 3 order 5
(1) The Attorney-General, at any time after applying for a division 3 6
order, may discontinue the application by giving to the registrar and the 7
prisoner a notice of discontinuance. 8
(2) The application is taken to be dismissed by the court when the notice 9
is given to the registrar. 10
(3) If the prisoner has been ordered to be detained under an interim 11
detention order, the Attorney-General must apply immediately to the court 12
for rescission of the order. 13
Division 2--Psychiatric examinations 14
11 Preparation of psychiatric report 15
(1) Each psychiatrist examining the prisoner must prepare a report under 16
this section. 17
(2) The report must indicate-- 18
(a) the psychiatrist's assessment of the level of risk that the prisoner 19
will commit another serious sexual offence-- 20
(i) if released from custody; or 21
(ii) if released from custody without a supervision order being 22
made; and 23
(b) the reasons for the psychiatrist's assessment. 24
(3) For the purposes of preparing the report, the chief executive must 25
give each psychiatrist any medical, psychiatric, prison or other relevant 26
report or information in relation to the prisoner in the chief executive's 27
possession or to which the chief executive has, or may be given, access. 28
(4) A person in possession of a report or information mentioned in 29
subsection (3) must give a copy of the report or the information to the chief 30
executive if asked by the chief executive. 31
s 12 10 s 13
Dangerous Prisoners (Sexual Offenders) Bill 2003
(5) Subsection (4) authorises and requires the person to give the report or 1
information despite any other law to the contrary or any duty of 2
confidentiality attaching to the report. 3
(6) If a person required to give a report or information under 4
subsection (4) refuses to give the report or information, the chief executive 5
may apply to the court for an order requiring the person to give the report 6
or information to the chief executive. 7
(7) A person giving a report or information under subsection (4) or (6) is 8
not liable, civilly, criminally or under an administrative process, for giving 9
the report or information. 10
(8) Each psychiatrist must have regard to each report or the information 11
given to the psychiatrist under subsection (3). 12
(9) Each psychiatrist must prepare a report even if the prisoner does not 13
cooperate, or does not cooperate fully, in the examination. 14
12 Psychiatric reports to be given to the Attorney-General and the 15
prisoner 16
(1) Each psychiatrist must give a copy of the psychiatrist's report to the 17
Attorney-General within 7 days after finalising the report. 18
(2) The Attorney-General must give a copy of each report to the prisoner 19
on the next business day after the Attorney-General receives the report. 20
Division 3--Orders 21
13 Division 3 orders 22
(1) This section applies if, on the hearing of an application for a 23
division 3 order, the court is satisfied the prisoner is a serious danger to the 24
community in the absence of a division 3 order (a "serious danger to the 25
community"). 26
(2) A prisoner is a serious danger to the community as mentioned in 27
subsection (1) if there is an unacceptable risk that the prisoner will commit 28
a serious sexual offence-- 29
(a) if the prisoner is released from custody; or 30
(b) if the prisoner is released from custody without a supervision 31
order being made. 32
s 13 11 s 13
Dangerous Prisoners (Sexual Offenders) Bill 2003
(3) On hearing the application, the court may decide that it is satisfied as 1
required under subsection (1) only if it is satisfied-- 2
(a) by acceptable, cogent evidence; and 3
(b) to a high degree of probability; 4
that the evidence is of sufficient weight to justify the decision. 5
(4) In deciding whether a prisoner is a serious danger to the community 6
as mentioned in subsection (1), the court must have regard to the 7
following-- 8
(a) the reports prepared by the psychiatrists under section 112 and 9
the extent to which the prisoner cooperated in the examinations 10
by the psychiatrists; 11
(b) any other medical, psychiatric, psychological or other assessment 12
relating to the prisoner; 13
(c) information indicating whether or not there is a propensity on the 14
part of the prisoner to commit serious sexual offences in the 15
future; 16
(d) whether or not there is any pattern of offending behaviour on the 17
part of the prisoner; 18
(e) efforts by the prisoner to address the cause or causes of the 19
prisoner's offending behaviour, including whether the prisoner 20
participated in rehabilitation programs; 21
(f) whether or not the prisoner's participation in rehabilitation 22
programs has had a positive effect on the prisoner; 23
(g) the prisoner's antecedents and criminal history; 24
(h) the risk that the prisoner will commit another serious sexual 25
offence if released into the community; 26
(i) the need to protect members of the community from that risk; 27
(j) any other relevant matter. 28
(5) If the court is satisfied as required under subsection (1), the court 29
may order-- 30
(a) that the prisoner be detained in custody for an indefinite term for 31
control, care or treatment ("continuing detention order"); or 32
2 Section 11 (Preparation of psychiatric report)
s 14 12 s 16
Dangerous Prisoners (Sexual Offenders) Bill 2003
(b) that the prisoner be released subject to the conditions it considers 1
appropriate that are stated in the order ("supervision order"). 2
(6) In deciding whether to make an order under subsection (5)(a) or (b), 3
the paramount consideration is to be the need to ensure adequate protection 4
of the community. 5
(7) The Attorney-General has the onus of proving that a prisoner is a 6
serious danger to the community as mentioned in subsection (1). 7
14 Effect of continuing detention order 8
(1) A continuing detention order has effect in accordance with its 9
terms-- 10
(a) on the order being made or at the end of the prisoner's period of 11
imprisonment, whichever is the later; and 12
(b) until rescinded by the court's order. 13
(2) A person subject to a continuing detention order remains a prisoner. 14
15 Effect of supervision order 15
A supervision order has effect in accordance with its terms-- 16
(a) on the order being made or at the end of the prisoner's period of 17
imprisonment, whichever is the later; and 18
(b) for the period stated in the order. 19
16 Conditions for supervised release 20
(1) If the court makes a supervision order against a prisoner, the order 21
must contain requirements that the prisoner-- 22
(a) report to a corrective services officer at the place, and within the 23
time, stated in the order and advise the officer of the prisoner's 24
current name and address; and 25
(b) report to, and receive visits from, a corrective services officer as 26
directed by the court; and 27
(c) notify a corrective services officer of every change of the 28
prisoner's name, place of residence or employment at least 29
2 business days before the change happens; and 30
s 17 13 s 18
Dangerous Prisoners (Sexual Offenders) Bill 2003
(d) be under the supervision of a corrective services officer; and 1
(e) not leave or stay out of Queensland without the permission of a 2
corrective services officer; and 3
(f) not commit an offence of a sexual nature during the period of the 4
order. 5
(2) The supervision order may contain any other order the court thinks 6
appropriate-- 7
(a) to ensure adequate protection of the community; or 8
9
Examples for paragraph (a)--
10
1. That the prisoner not knowingly reside with a convicted sex offender.
11
2. That the prisoner must not, without reasonable excuse, be within 200 m
12
of a school.
(b) for the prisoner's rehabilitation or care or treatment. 13
17 Court to give reasons 14
(1) If a court makes a continuing detention order or a supervision order, 15
it must give detailed reasons for making the order. 16
(2) The reasons must be given at the time the order is made. 17
Division 4--Amendment of supervision orders 18
18 Application for amendment 19
(1) An application under this division must be made by-- 20
(a) a prisoner released under a supervision order ("released 21
prisoner"); or 22
(b) the chief executive with the Attorney-General's consent. 23
(2) Notice of an application made by the released prisoner must be given 24
by the released prisoner to the Attorney-General and the chief executive. 25
(3) Notice of an application made by the chief executive must be given 26
to the released prisoner. 27
s 19 14 s 20
Dangerous Prisoners (Sexual Offenders) Bill 2003
19 Amendment of conditions of supervision order 1
(1) The court may, on application, amend the conditions of a supervision 2
order if the court is satisfied that-- 3
(a) the released prisoner is not able to comply with the conditions of 4
the order because of a change in the released prisoner's 5
circumstances; or 6
(b) an amendment of the conditions is necessary or desirable for any 7
other reason. 8
(2) The court may amend the conditions if it is satisfied that-- 9
(a) the conditions, as amended, are sufficient to ensure adequate 10
protection of the community; and 11
(b) it is reasonable to make the amendment in all the circumstances. 12
Division 5--Contravention of supervision order 13
20 Summons or warrant for released prisoner suspected of 14
contravening a supervision order 15
(1) This section applies if a police officer or corrective services officer 16
reasonably suspects a released prisoner is likely to contravene, is 17
contravening, or has contravened, a condition of the released prisoner's 18
supervision order. 19
(2) The officer may, by a complaint to a magistrate, apply for-- 20
(a) a summons requiring the released prisoner to appear before the 21
Supreme Court; or 22
(b) a warrant for the arrest of the released prisoner directed to all 23
police officers and corrective services officers to arrest the 24
released prisoner and bring the released prisoner before the 25
Supreme Court to be dealt with according to law. 26
(3) The magistrate must issue the summons or warrant, in the approved 27
form, if the magistrate is satisfied the grounds for issuing the summons or 28
warrant exist. 29
(4) However, the warrant may be issued only if-- 30
(a) the complaint is under oath; and 31
s 21 15 s 22
Dangerous Prisoners (Sexual Offenders) Bill 2003
(b) the magistrate is satisfied the released prisoner would not appear 1
in answer to a summons. 2
(5) Further, the magistrate may refuse to issue the warrant if the 3
magistrate considers it would be unjust to issue the warrant. 4
(6) The summons or warrant may state the suspected contravention in 5
general terms. 6
21 Contravention of supervision order 7
(1) This section applies if a released prisoner is brought before the court 8
under a summons or warrant issued under section 20.3 9
(2) The Attorney-General may apply to the court for a further order 10
under section 22. 11
(3) The application must state the order sought. 12
22 Court may make further order 13
If the court is satisfied, on the balance of probabilities, that the released 14
prisoner is likely to contravene, is contravening, or has contravened, the 15
supervision order, the court may-- 16
(a) make a continuing detention order, if satisfied as required under 17
section 13(1);4 or 18
(b) amend the conditions of the supervision order; or 19
(c) make any other order the court considers appropriate to achieve 20
compliance with the supervision order or that is necessary to 21
ensure adequate protection of the community. 22
3 Section 20 (Summons or warrant for released prisoner suspected of contravening a
supervision order)
4 Section 13 (Division 3 orders)
s 23 16 s 25
Dangerous Prisoners (Sexual Offenders) Bill 2003
Division 6--Return to custody of released prisoner 1
23 Application of division 2
This division applies if, after being released from custody under a 3
supervision order, a released prisoner is sentenced to a term or period of 4
imprisonment for any offence, other than an offence of a sexual nature. 5
24 Period in custody not counted 6
(1) The released prisoner's supervision order is suspended for any period 7
the released prisoner is detained in custody on remand or serving the term 8
of imprisonment. 9
(2) The period for which the released prisoner's supervision order has 10
effect as stated in the order is extended by any period the released prisoner 11
is detained in custody. 12
Division 7--Disclosure provisions 13
25 Duty to disclose 14
(1) This section applies to an application for a division 3 order. 15
(2) The Attorney-General's duty to disclose evidence or things in the 16
Attorney-General's possession is the same duty to disclose the prosecution 17
has in a criminal proceeding. 18
(3) The Attorney-General must disclose the evidence or things at least 19
7 days before the application is heard. 20
(4) If the Attorney-General can not comply with the time requirement 21
because the thing to be disclosed was not in the Attorney-General's 22
possession in sufficient time, including, for example, because the thing did 23
not exist at the time, the Attorney-General must disclose the thing as soon 24
as practicable after it comes into the Attorney-General's possession. 25
s 26 17 s 29
Dangerous Prisoners (Sexual Offenders) Bill 2003
PART 3--ANNUAL REVIEWS 1
26 Purpose of this part 2
The purpose of this part is to ensure that a prisoner's continued detention 3
under a continuing detention order is subject to regular review. 4
27 Review--periodic 5
(1) If the court makes a continuing detention order, the court must 6
review the order at the end of 1 year after the order first has effect and 7
afterwards at intervals of not more than 1 year after the last review was 8
made while the prisoner continues to be subject to the order. 9
(2) The Attorney-General must make any application that is required to 10
be made to cause the reviews mentioned in subsection (1) to be carried out. 11
28 Review--application by prisoner 12
(1) The prisoner may apply to the court for the prisoner's continuing 13
detention order to be reviewed at any time after the court makes its first 14
review under section 27(1) if the court gives leave to apply on the ground 15
that there are exceptional circumstances that relate to the prisoner. 16
(2) The registrar must immediately forward a copy of the application to 17
the Attorney-General. 18
(3) As soon as practicable after the making of the application, the court 19
must give directions to enable the application to be heard. 20
(4) Subject to any directions given by the court, the application must be 21
heard as soon as practicable after the application is made. 22
29 Psychiatric reports to be prepared for review 23
(1) Unless the court otherwise orders at the hearing of any application 24
under this Act, for the purposes of a review under section 27 or 28, the 25
chief executive must arrange for the prisoner to be examined by 26
2 psychiatrists. 27
s 30 18 s 30
Dangerous Prisoners (Sexual Offenders) Bill 2003
(2) For subsection (1) and the purposes of a review, sections 11 and 125 1
apply with necessary changes. 2
(3) Subsection (1) authorises examinations of the prisoner by the 3
2 psychiatrists. 4
30 Review hearing 5
(1) This section applies if, on the hearing of a review under section 27 6
or 28 and having regard to the matters mentioned in section 13(4),6 the 7
court affirms a decision that the prisoner is a serious danger to the 8
community in the absence of a division 3 order. 9
(2) On the hearing of the review, the court may affirm the decision only 10
if it is satisfied-- 11
(a) by acceptable, cogent evidence; and 12
(b) to a high degree of probability; 13
that the evidence is of sufficient weight to affirm the decision. 14
(3) On affirming the decision, the court may order that the prisoner-- 15
(a) continue to be subject to the continuing detention order; or 16
(b) be released subject to a supervision order. 17
(4) In deciding whether to make an order under subsection (3)(a) or (b), 18
the paramount consideration is to be the need to ensure adequate protection 19
of the community. 20
(5) If the court does not make the order under subsection (3)(a), the court 21
must rescind the continuing detention order. 22
5 Sections 11 (Preparation of psychiatric report) and 12 (Psychiatric reports to be
given to Attorney-General and the prisoner)
6 Section 13 (Division 3 orders)
s 31 19 s 35
Dangerous Prisoners (Sexual Offenders) Bill 2003
PART 4--APPEALS 1
31 Appeals 2
The Attorney-General or a prisoner in relation to whom a decision under 3
this Act has been made may appeal against the decision. 4
32 Time for appeal 5
(1) An appeal must be started within 1 month after the decision is made 6
(the "appeal period"). 7
(2) On application, the Court of Appeal may extend the appeal period. 8
33 Starting appeal 9
(1) A person starts an appeal by filing a notice of appeal with the 10
registrar. 11
(2) The notice must-- 12
(a) be signed by the person or the person's lawyer; and 13
(b) state, briefly and precisely, the grounds of the appeal. 14
(3) If the notice is not filed in the appeal period, the person must also file 15
with the registrar a notice of application for extension of time for filing the 16
notice. 17
34 Registrar to give respondent copies of particular documents 18
The registrar must give to the respondent to an appeal copies of any of 19
the following documents filed with the registrar for the appeal-- 20
(a) the notice of appeal; 21
(b) a notice of application for extension of time for filing a notice 22
mentioned in paragraph (a). 23
35 Abandoning applications for extensions 24
(1) This section applies to an applicant for extension of time within 25
which to appeal. 26
s 36 20 s 37
Dangerous Prisoners (Sexual Offenders) Bill 2003
(2) The applicant, at any time after filing the application, may abandon it 1
by giving to the registrar a notice of abandonment of application. 2
(3) The application is taken to be refused by the Court of Appeal when 3
the notice of abandonment is given to the registrar. 4
(4) However, if the court considers it necessary in the interests of justice, 5
the Court of Appeal may set aside the abandonment and reinstate the 6
application. 7
36 Abandoning appeal 8
(1) An appellant, at any time after starting an appeal, may abandon it by 9
giving to the registrar a notice of abandonment of appeal. 10
(2) The appeal is taken to be dismissed by the Court of Appeal when the 11
notice is given to the registrar. 12
(3) However, if the Court of Appeal considers it necessary in the 13
interests of justice, the Court of Appeal may set aside the abandonment and 14
reinstate the appeal. 15
37 Lawyer acting for prisoner 16
(1) A lawyer acting for a prisoner in an appeal must-- 17
(a) give written notice that the lawyer acts for the prisoner to the 18
registrar; and 19
(b) give a copy of the notice to the other party to the appeal. 20
(2) The notice must state the lawyer's-- 21
(a) address for service; and 22
(b) telephone and facsimile number; and 23
(c) email address, if any. 24
(3) The lawyer must comply with subsection (1)-- 25
(a) no later than 14 days before the day the appeal is set down for 26
hearing (the "hearing day"); or 27
(b) if the hearing day is sooner than the 14 days, as soon as possible. 28
(4) A lawyer acting for a prisoner who files a notice of appeal is taken to 29
continue acting for the prisoner until the earliest of the following 30
happens-- 31
s 38 21 s 38
Dangerous Prisoners (Sexual Offenders) Bill 2003
(a) the lawyer gives a notice to the registrar under section 38(1); 1
(b) the lawyer is given the Court of Appeal's leave to withdraw from 2
acting for the prisoner under section 38(2). 3
38 Lawyer withdrawing from acting for prisoner 4
(1) A lawyer who is no longer instructed to act for a prisoner in an 5
appeal may withdraw from acting for the prisoner in the appeal by-- 6
(a) as soon as possible after becoming aware that the lawyer is no 7
longer instructed to act, giving the registrar written notice that 8
the lawyer no longer acts for the prisoner; and 9
(b) at the same time, giving a copy of the notice to each of the 10
following persons at the person's address that is last known to the 11
lawyer-- 12
(i) the other party to the appeal; 13
(ii) the prisoner. 14
(2) A lawyer who wants to withdraw from acting for a prisoner in an 15
appeal, other than because the lawyer is no longer instructed to act for the 16
prisoner, may withdraw by-- 17
(a) giving written notice to the registrar that the lawyer intends 18
seeking the Court of Appeal's leave to withdraw from acting for 19
the prisoner in the appeal; and 20
(b) giving a copy of the notice to-- 21
(i) the other party to the appeal; and 22
(ii) the prisoner; and 23
(c) obtaining the Court of Appeal's leave to withdraw from acting 24
for the prisoner in the proceeding. 25
(3) The lawyer must give the notice or copy mentioned in 26
subsection (2)-- 27
(a) no later than 14 days before the hearing day; or 28
(b) if the hearing day is sooner than the 14 days, as soon as possible. 29
s 39 22 s 43
Dangerous Prisoners (Sexual Offenders) Bill 2003
39 Application for leave to be present 1
If a prisoner indicates on the notice of appeal that the prisoner wants to 2
be present at the hearing of the appeal, the notice is taken also to be an 3
application for leave to be present at the appeal. 4
40 Prisoner detained in custody 5
(1) This section applies to an appeal if the prisoner is not legally 6
represented and is detained in custody. 7
(2) The person in charge of the place where the prisoner is detained in 8
custody must give to the registrar written notice that the prisoner is 9
detained in custody at that place. 10
(3) The registrar may ask the Court of Appeal for directions about the 11
appeal, including, for example, about the prisoner's attendance at the 12
appeal. 13
41 Stay of operation of decision 14
(1) An appeal does not stay the operation of the decision. 15
(2) However, if the prisoner may be released from custody before the 16
appeal is finally decided, the Court of Appeal, a judge of appeal or the court 17
may order that the prisoner be detained in custody for the period stated in 18
the order. 19
(3) If the prisoner is ordered to be detained in custody after the prisoner's 20
period of imprisonment ends, the person remains a prisoner. 21
42 Court's power to order re-arrest on appeal by Attorney-General 22
(1) This section applies if an order is made under section 41(2) for the 23
detention of a prisoner. 24
(2) The Court of Appeal, the judge of appeal or the court may, when the 25
order is made or afterwards, issue a warrant for the prisoner's apprehension 26
and committal into custody. 27
43 Court of Appeal's powers on appeal 28
(1) An appeal is by way of rehearing. 29
(2) The Court of Appeal-- 30
s 44 23 s 45
Dangerous Prisoners (Sexual Offenders) Bill 2003
(a) has all the powers and duties of the court that made the decision 1
appealed from; and 2
(b) may draw inferences of fact, not inconsistent with the findings of 3
the court; and 4
(c) may, on special grounds, receive further evidence as to questions 5
of fact, either orally in court, by affidavit or in another way. 6
PART 5--GENERAL 7
44 Hearings on the papers 8
(1) The court may decide whether it is satisfied as required under 9
section 8(1) or 187 entirely or partly from a consideration of the documents 10
filed, without the prisoner or witnesses appearing or the prisoner 11
consenting to, or being heard on, the matter being decided in that way. 12
(2) In making its decision, the court may receive in evidence the 13
following documents-- 14
(a) the prisoner's antecedents and criminal history; 15
(b) anything relevant to the issue contained in the certified 16
transcription of, or any medical, psychiatric, psychological or 17
other report tendered in, any proceeding against the prisoner for a 18
serious sexual offence. 19
45 Other hearings 20
(1) This section applies to the following applications-- 21
(a) an application for a division 3 order; 22
(b) an application for review under section 27 or 28;8 23
(c) an application for a further order under section 22. 9
24
7 Section 8 (Preliminary hearing) or 18 (Application for amendment)
8 Section 27 (Review--periodic) or 28 (Review--application by prisoner)
9 Section 22 (Court may make further order)
s 46 24 s 48
Dangerous Prisoners (Sexual Offenders) Bill 2003
(2) Subject to the admissibility of the evidence, before the court makes a 1
decision or order on the hearing of an application it must-- 2
(a) hear evidence called by the Attorney-General; and 3
(b) hear evidence given or called by the prisoner, if the prisoner 4
elects to give or call evidence. 5
(3) Subject to subsection (4), ordinary rules of evidence apply to 6
evidence given or called under subsection (2). 7
(4) In making its decision, the court may receive in evidence the 8
following documents-- 9
(a) the prisoner's antecedents and criminal history; 10
(b) anything relevant to the issue contained in the certified 11
transcription of, or any medical, psychiatric, psychological or 12
other report tendered in, any proceeding against the prisoner for a 13
serious sexual offence. 14
(5) In this section-- 15
"certified transcription" means a certified transcription under the 16
Recording of Evidence Act 1962, section 10(2). 17
46 Court may give directions 18
The court may give directions in relation to the conduct of a proceeding 19
under this Act on its own initiative or on an application. 20
47 Service on a prisoner 21
(1) If a document is required under this Act to be given to a prisoner 22
detained in custody, the document is taken to have been given to the 23
prisoner if the document is given to the person in charge of the place where 24
the prisoner is detained in custody. 25
(2) If, under subsection (1), a document is given to the person in charge, 26
the person in charge must give the document to the prisoner without undue 27
delay. 28
48 Service or filing by a prisoner 29
(1) If a prisoner detained in custody is unrepresented and is required 30
under this Act to give or file a document, the prisoner may give the 31
s 49 25 s 53
Dangerous Prisoners (Sexual Offenders) Bill 2003
document to the person in charge of the place where the prisoner is 1
detained in custody. 2
(2) The person in charge must give or file the document without undue 3
delay. 4
49 Appearance at hearings 5
The prisoner is entitled to appear at a hearing under section 13, 21, 27 6
or 28.10 7
50 Order for detention taken to be a warrant for Corrective Services 8
Act 9
An order of the court or the Court of Appeal under this Act that a 10
prisoner be detained in custody for the period stated in the order is taken to 11
be a warrant committing the prisoner into custody for the Corrective 12
Services Act 2000. 13
51 Post-prison community based release 14
A prisoner subject to a continuing detention order, an interim detention 15
order or an order under section 41(2)11 is not eligible for post-prison 16
community based release under the Corrective Services Act 2000, 17
chapter 5. 18
52 Approved forms 19
The chief executive of the department within which this Act is 20
administered may approve forms for use under this Act. 21
53 Regulation-making power 22
The Governor in Council may make regulations under this Act. 23
10 Section 13 (Division 3 orders), 21 (Contravention of supervision order), 27
(Review--periodic) or 28 (Review--application by prisoner)
11 Section 41 (Stay of operation of decision)
s 54 26 s 55
Dangerous Prisoners (Sexual Offenders) Bill 2003
PART 6--AMENDMENT OF CORRECTIVE SERVICES 1
ACT 2000 2
54 Act amended in pt 6 3
This part amends the Corrective Services Act 2000. 4
55 Amendment of s 15 (Medical examination or treatment) 5
(1) Section 15(3) to (6)-- 6
renumber as section 15(4) to (7). 7
(2) Section 15-- 8
insert-- 9
`(3) A prisoner must submit to examinations by 2 psychiatrists as 10
required-- 11
(a) under a risk assessment order under the Dangerous Prisoners 12
(Sexual Offenders) Act 2003, section 8(2)(a); or 13
(b) by the chief executive if the chief executive must arrange for the 14
examinations under section 33 of that Act.12'. 15
12 Dangerous Prisoners (Sexual Offenders) Act 2003, section 8 (Preliminary hearing)
or 33 (Starting appeal)
27
Dangerous Prisoners (Sexual Offenders) Bill 2003
SCHEDULE 1
DICTIONARY 2
section 2 3
"appeal period" see section 32(1). 4
"chief executive" means the chief executive (corrective services). 5
"continuing detention order" see section 13(5)(a). 6
"corrective services officer" see the Corrective Services Act 2000, 7
schedule 3. 8
"court" means the trial division of the Supreme Court. 9
"criminal history" means criminal history prepared by the commissioner 10
of the police service. 11
"division 3 order" means-- 12
(a) a continuing detention order; or 13
(b) a supervision order. 14
"hearing day" see section 37(3)(a). 15
"interim detention order" see section 8(2)(b). 16
"period of imprisonment" see the Penalties and Sentences Act 1992, 17
section 4. 18
"preliminary hearing" see section 5(3). 19
"prisoner" means a prisoner within the meaning of the Corrective Services 20
Act 2000. 21
"psychiatrist" means a person registered as a specialist registrant under 22
the Medical Practitioners Registration Act 2001 in the specialty of 23
psychiatry. 24
"reasonably suspects" means suspects on grounds that are reasonable in 25
all the circumstances of the case. 26
"registrar" means the registrar of the court. 27
"released prisoner" see section 18(1)(a). 28
28
Dangerous Prisoners (Sexual Offenders) Bill 2003
SCHEDULE (continued)
"risk assessment order" means an order made under section 8(2)(a). 1
"serious danger to the community" see section 13(1). 2
"serious sexual offence" means an offence of a sexual nature, whether 3
committed in Queensland or outside Queensland-- 4
(a) involving violence; or 5
(b) against children. 6
"supervised release" means release from custody under a supervision 7
order. 8
"supervision order" see section 13(5)(b). 9
"term of imprisonment" see the Penalties and Sentences Act 1992, 10
section 4. 11
"violence" includes the following-- 12
(a) intimidation; 13
(b) threats. 14
© State of Queensland 2003
AMENDMENTS TO BILL
1
Dangerous Prisoners (Sexual Offenders) Bill 2003
DANGEROUS PRISONERS (SEXUAL
OFFENDERS) BILL 2003
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 3--
At page 6, lines 7 and 9, `particular prisoners'--
omit, insert--
`a particular class of prisoner'.
2 Clause 13--
At page 12, line 1, after `released'--
insert--
`from custody'.
3 Clause 30--
At page 18, line 15, `On affirming'--
omit, insert--
`If the court affirms'.
4 Clause 30--
At page 18, line 17, after `released'--
insert--
`from custody'.
5 Clause 45--
At page 24, lines 15 to 17--
omit.
2
Dangerous Prisoners (Sexual Offenders) Bill 2003
6 Schedule--
At page 27, after line 4--
insert--
`"certified transcription" means a certified transcription under the
Recording of Evidence Act 1962, section 10(2).'.
7 Title--
`particular prisoners'--
omit, insert--
`a particular class of prisoner'.
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