A version of this article was first published in (2018) 30 Judicial Officers’ Bulletin, 7.
- The Terrorism (High Risk Offenders) Act 2017 (NSW) introduces a scheme of post-sentence supervision and detention for high risk offenders who are deemed to pose an unacceptable risk of committing serious terrorism offences.
- The State may apply to the Supreme Court for an extended supervision order or continuing detention order if satisfied that an offender poses an unacceptable risk of committing a serious terrorism offence if not kept under supervision or in detention respectively. Conditions apply.
- The paramount consideration of the Court in determining an application is the safety of the community.
The Terrorism (High Risk Offenders) Act 2017 (NSW) (‘the Act’) substantially commenced in December 2017 introducing a scheme of post-sentence supervision and detention in NSW for high risk offenders who are deemed to pose an unacceptable risk of committing serious terrorism offences to ensure the safety and protection of the community.
The scheme complements the post-sentence scheme for Commonwealth offenders in the Criminal Code Act 1995 (Cth) and is based (in part) on the Crimes (High Risk Offenders) Act 2006 (NSW) which also contains a post-sentence supervision and detention scheme, but for high risk sex and violent offenders.
The Act applies to offences committed prior to, on and after 30 November 2017, as well as to eligible offenders whose sentences of imprisonment commenced prior to, on and after that date (ss 13, 14). Importantly the new Act, ‘does not limit the circumstances in which an order can be made in respect of an eligible offender under the Crimes (High Risk Offenders) Act 2006’ (s 16).