Under the Criminal Law (High Risk Offenders) Act 2015 (SA), certain "high risk" offenders may be liable to extended supervision and possibly detention after their term of imprisonment or parole period has expired.

High Risk Offenders

According to s 5 of the Act, a high risk offender is:

A serious sexual offender means a person convicted of a serious sexual offence [s 4].

A serious sexual offence means any of the following offences where the maximum penalty prescribed for the offence is, or includes, imprisonment for at least 5 years [s 4]:

A serious violent offender means a person convicted of a serious offence of violence [s 4].

A serious offence of violence means a serious offence where the conduct constituting the offence involves [s 4; Criminal Law Consolidation Act 1935 (SA) s 83D(1)]:

A terror suspect is defined in s 5A as a person who:

Terrorist offence is defined in s 4 to include a number of Commonwealth offences. Further terrorist offences are also prescribed under the Criminal Law (High Risk Offenders) Regulations 2015 (SA).

Youths

An application for a supervision order under the Criminal Law (High Risk Offenders) Act 2015 (SA) may not be made in respect of a person under the age of 18 [s 6(1)] unless they are a terror suspect aged 16 or 17 [s 6(2)].

The Court may make a supervision order in relation to a person who was a youth at the time they committed their qualifying offending, provided they were sentenced as an adult to a period of imprisonment. The person must be an adult at the time the application for the supervision order is brought [Attorney General (SA) v Woods-Pierce; Treloar v Attorney General (SA); Shi v Attorney General (SA) [2021] SASCA 112].

Extended Supervision Orders

The Attorney-General may apply to the Supreme Court for an Extended Supervision Order (ESO) with respect to a person who is a high risk offender [Criminal Law (High Risk Offenders) Act 2015 (SA) s 7(1)].

Proceedings are governed by the Criminal Law (High Risk Offenders) Act 2015 (SA), the Criminal Law (High Risk Offenders) Regulations 2015 (SA) and Chapter 3 Part 5 of the Uniform Special Statutory Rules 2022 (SA).

The application must be made within the 12 months preceding the end of the offender's sentence of imprisonment or existing ESO or after the sentence is wholly satisfied (for life imprisonment) [see s 7(2) and s 4 for the definition of relevant expiry date].

The Supreme Court must consider at least 1 report from a prescribed health professional which includes an assessment of the person’s likelihood of re-offending with similar offences [s 7(3)].

The Court may make an ESO if satisfied that the high risk offender poses an appreciable risk to the safety of the community if not supervised under the order [s 7(4)(b)]. When considering whether or not to make an ESO, the Court’s paramount consideration must be the safety of the community [s 7(5)].

ESOs can remain in force for up to 5 years and a further order may be made following a further application from the Attorney-General [see s 12].

Interim Supervision Orders

The Court may make an Interim Supervision Order (ISO) if the Attorney-General has applied for an ESO and it is likely that the offender's sentence or existing ESO will expire (or has already expired) before the ESO application is determined [s 9]. The Court must be satisfied that the matters in the application would, if proved, justify making an ESO [s 9(1)(b)]. An ISO will remain in force until the application for the ESO is determined [s 9(2)]. The terms and conditions of an ISO are suspended (do not apply) during any period the offender is in custody [s 9(3)].

Conditions

Every ESO and ISO includes conditions that the offender not commit further offences or possess firearms, ammunition or offensive weapons [see s 10(1)(a)-(c)]. The offender will be under the supervision of a community corrections officer and must submit to tests for gunshot residue as required [s 10(1)(d)]. From 24 June 2025, every ESO and ISO will also include a condition that the offender not leave South Australia without the permission of the Supreme Court or the Parole Board [s 10(1)(da)].

The Supreme Court may include any other condition on an order as it sees fit [s 10(1)(e)]. The Parole Board can also impose conditions such as electronic monitoring, a requirement to live at a certain address, a requirement to undertake programs or activities, and a restriction on communicating with certain people [see ss 10(1)(f), 11].

Conditions of an ESO or an ISO may subsequently be added, varied or revoked by the Supreme Court [s 13] or the Parole Board [ss 11(2), 13A].

Continuing Detention Orders

An offender who is alleged to have breached a supervision order may be summoned to appear before the Parole Board or may be arrested and detained pursuant to a warrant, pending appearance before the Parole Board [s 15]. The offender and the Attorney-General will be given an opportunity to make submissions to the Board on the alleged breach [s 17(1)(a)].

If the Parole Board is satisfied that a supervision order has been breached, the Board may [s 17(1)(b)]:

The Supreme Court may make a Continuing Detention Order if satisfied that a person subject to a supervision order has breached a condition of the order and poses an appreciable risk to the safety of the community if not detained in custody [s 18(2)].

A Continuing Detention Order may be made:

If the Court imposes a Continuing Detention Order for a lesser period than that remaining on the supervision order, the Court may add, vary or revoke conditions of the order as appropriate [s 18(4b)]. If the Court declines to make a Continuing Detention Order, it may add, vary or revoke conditions of the order, and may order that the offender remain in custody until certain circumstances have occurred to ensure their compliance with the order once released [s 18(4a)].

Appeals

The offender and the Attorney-General are entitled to appeal a decision of the Supreme Court to make an Extended Supervision Order or a Continuing Detention Order or to refuse to make such an order [s 22]. An appeal will be heard by the Court of Appeal and must be commenced within 10 days of the date of the decision [s 22(3)].

Bail

A person is not eligible for release on bail if the person is being detained under Part 3 of the Criminal Law (High Risk Offenders) Act 2015 (SA) (for a suspected breach of a supervision order or on a Continuing Detention Order) [Bail Act 1985 (SA) s 4(3)].

See also Indeterminate detention.