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

The Criminal Law (High Risk Offenders) Act 2015 (SA) does not apply to a youth (a person under the age of 18), unless they are a terror suspect aged 16 years or over [s 6]. However, the Court may make an ESO in relation to a person who was a youth at the time they committed their qualifying offending, but was sentenced as an adult to a period of imprisonment. The person must be an adult at the time the application for the ESO 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 12 months of the end of the offender's sentence (including on release on parole or home detention) or existing ESO or after the sentence is wholly satisfied (for life imprisonment) [ss 4, 7(2)].

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 before the application has been 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)].

Conditions

ESOs and ISOs include conditions that the offender not commit further offences or possess any firearms, ammunition or offensive weapons [see ss 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)]. Other conditions can be imposed by the Court and these conditions can also be varied by the Court [see s 10(1)(e), (3)-(4)].

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(2), 11].

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

The Supreme Court may make a Continuing Detention Order if satisfied that a person subject to a supervision order:

A Continuing Detention Order may be made until the expiration of the ESO or for a lesser period specified by the Court [s 18(2)(b)].

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) [Bail Act 1985 (SA) s 4(3)].

See also Indeterminate detention.