South Australian Consolidated Acts South Australian Consolidated Acts (1) If a person has
been convicted, whether before or after the commencement of this Division, of
an offence of murder and the offence was committed in prescribed
circumstances, the Attorney-General may, while the person remains in prison
serving a sentence of imprisonment, apply to the Supreme Court to have the
person declared to be a dangerous offender.
(2) An application
cannot be made under subsection (1) more than 12 months before the
person is eligible to apply for release on parole.
(3) The Court must
give the person at least 14 days written notice of the date on which it
intends to conduct the proceedings to determine the application.
(4) If the Court is of
the opinion that a report from the Parole Board may assist the Court in
determining an application under this section, the Court may direct the Board
to hold an inquiry and report to the Court.
(5) The Parole Board
may exercise such powers as are conferred on the Board under Part 6 of
the Correctional Services Act 1982 as are necessary or expedient for, or
incidental to, the purposes of an inquiry under subsection (4).
(6) Each of the
following persons is entitled to appear and be heard in proceedings under this
section and must be afforded a reasonable opportunity to call and give
evidence, to examine or cross-examine witnesses, and to make submissions to
the Court:
(a) the
person (personally or by counsel);
(b) the
Director of Public Prosecutions;
(c) the
Commissioner for Victims' Rights.
(7) The paramount
consideration of the Court when determining an application under this section
must be to protect the safety of the community (whether as individuals or in
general).
(8) The Court may also
take the following matters into consideration when determining an application
under this section:
(a) any
relevant remarks made by the court in passing sentence;
(b) the
degree to which the person has shown contrition for the relevant offence;
(c) the
behaviour of the person while in prison;
(d) any
rehabilitation of the person while in prison;
(e) the
willingness of the person to co-operate with an inquiry (if any) by
the Parole Board under this section;
(f) any
reports tendered, and submissions made, to the Court under this section;
(g) the
likelihood of the person committing a serious sexual offence, an
offence of murder or some other serious offence of a violent nature should the
person be released from prison;
(h)
whether the non-parole period imposed by the court when sentencing the person
for the relevant offence was reduced as a consequence of the commencement of
the Statutes Amendment (Truth in Sentencing) Act 1994 ;
(i)
the character, antecedents, age, means and physical or
mental condition of the person;
(j) the
probable circumstances of the person after release from prison;
(k) any
other matters that the Court thinks are relevant.
(9) If the Court is
satisfied, on the balance of probabilities, that the release from prison of
the person to whom the application relates would involve a serious danger to
the community or a member of the community, the Court must—
(a)
declare the person to be a dangerous offender; and
(b)
order that the non-parole period fixed in respect of the sentence of
imprisonment for the murder be negated.
(10) A person who has
been declared to be a dangerous offender under this section—
(a) will
serve his or her sentence of imprisonment as if the fixing of a non-parole
period in respect of that sentence of imprisonment had been declined by order
of the court under section 32; and
(b) may
not make an application under that section for the fixing of a non-parole
period for at least 12 months after having been so declared.