Victorian Consolidated Legislation

Serious Sex Offenders Monitoring Act 2005 - SECT 25D

When may a court make an interim extended supervision order?

25D. When may a court make an interim extended supervision order?



(1) A court may only make an interim extended supervision order in respect of
an offender if satisfied that-

   (a)  the Secretary has applied for an extended supervision order or renewal
        of an extended supervision order in respect of the offender; and

   (b)  in the case of an application for an extended supervision order, the
        offender is no longer serving a sentence as required by section
        4(1)(b) or will no longer be serving that sentence when that
        application is determined; and

   (c)  in the case of an application for renewal of an extended supervision
        order, the extended supervision order has expired or will have expired
        before that application can be determined; and

   (d)  the making of an interim extended supervision order is justified
        having regard to any matter that the court considers appropriate; and

   (e)  it is in the public interest to make an interim extended supervision
        order, having regard to-

   (i)  the main purpose of this Act as set out in section 1(1); and

   (ii) the reasons why the application referred to in paragraph (a) was not,
        or will not be, determined before the expiry of the sentence referred
        to in section 4(1)(b) or the expiry of the extended supervision order
        (as the case requires).

(2) If the court makes an interim extended supervision order, the Secretary
must cause a copy of the order to be given as soon as possible to the Adult
Parole Board.