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Public Safety (Public Protection Orders) Act 2014

Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending - Public protection orders - Review by court

18: Review of public protection order

You could also call this:

"Checking if a public protection order is still needed to keep people safe"

Illustration for Public Safety (Public Protection Orders) Act 2014

When a court reviews a public protection order, it must get all the reports that were given to the review panel. The court can also ask for more reports from anyone, including the chief executive, the manager of the residence where the person lives, the manager of the prison where the person is detained, or a health assessor. The court must think about whether the person is still very likely to commit a serious sexual or violent offence soon. The court must consider the reports it gets to help it make this decision, and think about whether the person still has severe problems with their behaviour, as described in section 13(2).

If the court decides that the person is no longer very likely to commit a serious sexual or violent offence soon, it must make a finding to that effect. The court makes this decision based on what is most likely to be true, and it must be satisfied that the risk is gone. After the court makes its decision, the chief executive must tell every victim of the person what the outcome of the review is.

The court's decision is important because it helps keep the community safe. You can think of a public protection order like a way to protect people from someone who might hurt them. The court's job is to make sure the order is still needed, or if it can be changed or cancelled.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4751112.

Topics:
Crime and justice > Police and safetyCrime and justice > Victim supportCrime and justice > Criminal law
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17: Application for review by person subject to public protection order, or

"Asking the court to review a public protection order that applies to you"

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19: Review of management plan, or

"Checking if a person's safety plan is working and should be changed"

Part 1Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending
Public protection orders: Review by court

18Review of public protection order

  1. On a review of a public protection order, the court must be provided with all reports provided to the review panel and may call for any further or supplementary reports from any person, including, without limitation, from—

  2. the chief executive:
    1. if the person subject to the order is required to stay in a residence, the manager of the residence:
      1. if the person subject to the order is detained in a prison, the manager of the prison:
        1. any health assessor.

          1. The court must consider whether there still is a very high risk of imminent serious sexual or violent offending by the person subject to the public protection order.

          2. In its consideration under subsection (2), the court must take into account whether the reports provided to the court indicate that the person continues to exhibit a severe disturbance in behavioural functioning of the kind described in section 13(2).

          3. If, following its consideration under subsection (2), the court is satisfied, on the balance of probabilities, that there no longer is a very high risk of imminent serious sexual or violent offending by the person subject to the public protection order, the court must make a finding to that effect.

          4. The chief executive must advise every victim of the person subject to the public protection order of the outcome of the review.