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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 - Protective supervision

93: Replacement of public protection order with protective supervision order

You could also call this:

"The court can swap a public protection order for a protective supervision order to help keep you and others safe."

Illustration for Public Safety (Public Protection Orders) Act 2014

If you are subject to a public protection order, the court can replace it with a protective supervision order. The court must do this if it makes a certain finding about you under section 18(4), which means the court will cancel your public protection order and impose a protective supervision order on you. This happens when the court is looking at your case under section 16 or 17.

Before the court makes these orders, you and the other parties involved will have a chance to tell the court what you think should be included in the protective supervision order, which is decided under section 94. The court wants to hear your thoughts on this.

When a protective supervision order is imposed on you, you will be released from detention as soon as possible. If the court gives you a protective supervision order, the chief executive must tell every victim of yours about this new order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4751221.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Victim support
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94: Requirements may be included in protective supervision order, or

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Part 1Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending
Protective supervision

93Replacement of public protection order with protective supervision order

  1. Where, in the course of a proceeding under section 16 or 17, the court makes a finding under section 18(4) in respect of a person subject to a public protection order, the court must—

  2. cancel the public protection order; and
    1. impose a protective supervision order on the person.

      1. Before the court makes the orders under subsection (1), the court must give each party an opportunity to make submissions on the requirements that should be included in the protective supervision order under section 94.

      2. As soon as practicable after a protective supervision order is imposed on a person, the person must be released from detention in the residence or the prison, as the case may be.

      3. If the court imposes a protective supervision order on a person, the chief executive must notify every victim of the person of that order.