Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) A judge before whom an offender is convicted or brought up for sentence after being convicted may declare the offender to be a dangerous criminal if –
(a) the offender has been convicted for a crime involving violence or an element of violence; and
(b) the offender has at least one previous conviction for a crime involving violence or an element of violence; and
(c) the offender has apparently attained the age of 17 years; and
(d) the judge is of the opinion that the declaration is warranted for the protection of the public.
(2) In determining whether to declare an offender a dangerous criminal a judge may have regard to all or any of the following:
(a) the nature and circumstances of the crimes referred to in subsection (1);
(b) the offender's antecedents or character;
(c) any medical or other opinion;
(d) any other matter that the judge considers relevant.
(3) A judge who declares an offender to be a dangerous criminal must, in addition to making that declaration, sentence that offender to a term of imprisonment for the crime referred to in subsection (1)(a).
(4) An offender in respect of whom a declaration under subsection (1) has been made is not eligible to be released from custody until that declaration is discharged.
(5) Subsection (4) has effect whether or not the sentence of imprisonment imposed on that offender under subsection (3) has expired.
(6) In subsection (1), a reference to a previous conviction is to be read as a reference to –
(a) any conviction, either in this State or in some other State or a Territory, on indictment or complaint; or
(b) any conviction, either in this State or in some other State or a Territory, as a consequence of which a sentence is imposed by a court, being a court before which offences may be tried on indictment or complaint, on the committal of the accused to that court for sentence.