Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld)

Dangerous Prisoners (Sexual Offenders) Act 2003

An Act to provide for the continued detention of a particular class of prisoner for their control, care or treatment, or for their supervised release, and for other purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Dangerous Prisoners (Sexual Offenders) Act 2003.

2 Definitions The dictionary in schedule 1 defines particular words used in this Act.

3 Objects of this Act The objects of this Act are— (a) to provide for the continued detention in custody or supervised release of a particular class of prisoner to ensure adequate protection of the community; and (b) to provide continuing control, care or treatment of a particular class of prisoner to facilitate their rehabilitation.

4 Relationship with Bail Act The Bail Act 1980 does not apply to a person detained under this Act.

Part 2 Continuing detention or supervision

Division 1 Application for orders

5 Attorney-General may apply for orders (1) The Attorney-General may apply to the court for an order or orders under section 8 and a division 3 order in relation to a prisoner. (2) The application must— (a) state the orders sought; and (b) be accompanied by any affidavits to be relied on by the Attorney-General for the purpose of seeking an order or orders under section 8; and (c) be made during the last 6 months of the prisoner's period of imprisonment. (3) On the filing of the application, the registrar must record a return date for the matter to come before the court for a hearing (preliminary hearing) to decide whether the court is satisfied that there are reasonable grounds for believing the prisoner is a serious danger to the community in the absence of a division 3 order. (4) The return date for the preliminary hearing must be within 28 business days after the filing. (5) A copy of the application and any affidavit to be relied on by the Attorney-General must be given to the prisoner within 2 business days after the filing. (6) In this section— parole order means— (a) a parole order under the Corrective Services Act 2006; or (b) a statutory parole order under the Youth Justice Act 1992. period of imprisonment includes— (a) a period of detention mentioned in the definition prisoner, paragraph (b); and (b) a term of imprisonment a person is liable to serve as mentioned in the definition prisoner, paragraph (c)(iii); and (c) a period a person is kept in a prison during a suspension period of a parole order as mentioned in the definition prisoner, paragraph (d)(iii). prison see the Corrective Services Act 2006, schedule 4. prisoner— (a) means a prisoner detained in custody who is serving a period of imprisonment for a serious sexual offence, or is serving a period of imprisonment that includes a term of imprisonment for a serious sexual offence, whether the person was sentenced to the term or period of imprisonment before or after the commencement of this section; and (b) includes a person who, as mentioned in the Youth Justice Act 1992, section 135(7), is serving a period of detention, and is being held in custody in a corrective services facility, for a child offence that is a serious sexual offence; and (c) includes a person who— (i) was serving a period of detention, in a detention centre under the Youth Justice Act 1992, for a serious sexual offence; and (ii) under part 8, division 2A, subdivision 1 of that Act, has been transferred to a corrective services facility and is being held in custody in the facility; and (iii) is liable, under section 276E of that Act, to serve a term of imprisonment for the offence equal to the period of detention the person remains liable to serve for the offence; and (d) includes a person who— (i) was serving a period of imprisonment mentioned in paragraph (a) or a period of detention mentioned in paragraph (b) or (c)(i); and (ii) is the subject of a parole order that has been suspended under the Corrective Services Act 2006; and (iii) is being kept in a prison during the suspension period.