Queensland Consolidated Acts

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DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 - SECT 30

30 Review hearing

(1) This section applies if, on the hearing of a review under section 27 or 28 and having regard to the matters mentioned in section 13(4), the court affirms a decision that the prisoner is a serious danger to the community in the absence of a division 3 order.

(2) On the hearing of the review, the court may affirm the decision only if it is satisfied--

(a) by acceptable, cogent evidence; and
(b) to a high degree of probability;

that the evidence is of sufficient weight to affirm the decision.

(3) If the court affirms the decision, the court may order that the prisoner--

(a) continue to be subject to the continuing detention order; or
(b) be released from custody subject to a supervision order.

(4) In deciding whether to make an order under subsection (3)(a) or (b), the paramount consideration is to be the need to ensure adequate protection of the community.

(4A) If the court makes the order under subsection (3)(b), the supervision order must include the requirements mentioned in section 16(1)(da) and (db).

(5) If the court does not make the order under subsection (3)(a), the court must rescind the continuing detention order.



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