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Indeterminate detention

Division 3 of Criminal Law (Sentencing) Act 1988 (SA) provides for the indeterminate detention of a person. Such an order can be made where at least two independent medical practitioners independently examine the person and determine that the person examined is incapable or unwilling to control his or her sexual instincts (to commit sexual offences) [see s 23(3)].

Such an order can also be made against a person for an offence of failing to comply with a reporting obligation relating to

reportable contact with a child without a reasonable excuse where the defendant is a registrable offender within the meaning of the Child Sex Offenders Registration Act 2006 (SA).

This order of indeterminate detention is then reviewed every twelve months by either the Training Centre Review Board or Parole Board, depending on where they are in custody [see further s 23(9)].

Indeterminate detention  :  Last Revised: Thu Jan 15th 2015
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