Part 3 Division 5 of the Sentencing Act 2017 (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 57(6)]. If an order under section 57 is made, the Supreme Court can only discharge the order if the court is satisfied that the person is capable of controlling and willing to control their sexual instincts, and that they no longer present an appreciable risk to the community [see s 58].
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).
A person subject to an indeterminate sentence is not eligible for parole, but can apply for release on licence [see Sentencing Act 2017 (SA) s 59]. A release on licence cannot be granted unless the Supreme Court is satisfied that the person is both capable of controlling and willing to control their sexual instincts, and that they no longer present a risk to the community [see s 59(1a)].
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