Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This section
applies if a person who is subject to a supervision order is before the
Supreme Court and proceedings on an application made under section 22 in
respect of the person are pending (the pending proceedings ).
(2) The court may at
any time in the pending proceedings —
(a)
order the person to be detained in custody; or
(b)
release the person.
(3) The court must not
release the person unless —
(a) the
court is satisfied, on the balance of probabilities, that releasing the person
is justified by exceptional circumstances; or
(b) the
DPP consents to the court releasing the person.
(4) In making a
decision under subsections (2) and (3), the paramount consideration is to
be the need to ensure adequate protection of the community.
(5) If the court
releases the person —
(a) the
person remains subject to the supervision order; and
(b) the
court, before the pending proceedings are determined, may make an interim
order amending the supervision order to include any requirements the court
considers appropriate to ensure adequate protection of the community; and
(c) the
court may order the person to reappear before the court at any adjourned
hearing of the pending proceedings; and
(d) if
it is alleged that the person has further breached the supervision order or
breached an order made under paragraph (c), the court may issue a warrant
to have the person arrested and brought before the court.
[Section 24A inserted by No. 3 of 2011
s. 11.]