Part 3 Division 5 of the Sentencing Act 2017 (SA) allows the Supreme Court to make an order for the indeterminate or indefinite detention of a person who has been convicted in relation to one or more of the following offences [s 57]:

An order for indefinite detention may be sought

An order may only be made in respect of a youth if they are sentenced as an adult under the Young Offenders Act 1993 (SA) [Sentencing Act 2017 (SA) s 56].

Before making an order detaining a person in custody until further order, the Court must direct at least 2 legally qualified medical practitioners to independently examine the person and report to the Court on whether the person is incapable of controlling, or unwilling to control, their sexual instincts [s 57(6)].

Once those reports have been received, the Court may make an order for indefinite detention if satisfied that the order is appropriate [s 57(7)]. The paramount consideration of the Court must be to protect the safety of the community [s 57(8)].

If an order under section 57 is made, the Supreme Court can only discharge the order [under s 58] if satisfied that the person

A person subject to indefinite detention is not eligible for parole, but can apply for release on licence. A release on licence cannot be granted unless the Supreme Court is satisfied [under s 59(1a)] that the person

On an application to discharge an indefinite detention order, or an application for release on licence, the Court must direct at least 2 legally qualified medical practitioners to independently examine the person and report to the Court on whether the person is incapable of controlling, or unwilling to control, their sexual instincts [ss 58(2), 59(2)].

Applications under Part 3 Division 5 of the Sentencing Act 2017 (SA) are governed by Chapter 2 Part 5 of the Uniform Special Statutory Rules 2022 (SA).

See also Liability for further detention and supervision.