Prisoners serving a sentence of indeterminate duration (until further order) cannot be released on parole but can be released on licence ordered by the Supreme Court, on application of either the DPP or the prisoner [Sentencing Act 2017 (SA) s 59(1)].
In order to be released on licence, the prisoner must satisfy the Supreme Court that they are both capable of controlling and willing to control their sexual instincts, and that they no longer present a risk to the community [see s 59(1a)].
Every release on licence is subject to the condition that the person be prohibited from possessing a firearm or ammunition or any part of the same and a condition requiring them to submit to gunshot residue testing as reasonably required [s 59(7)]. Release is further subject to other conditions as the Parole Board, or in the case of youth, the Training Centre Review Board, thinks fit and so specifies [s 59(8)], including that the person surrender any firearm, ammunition or part of the same [s 60].
If a person breaches the conditions of a licence the Crown may apply to the Supreme Court that the person be returned to custody but may be re-released if the breach is not serious and the Court thinks it appropriate. A person who is not re-released must apply for a fresh licence but can only apply once every six months [Sentencing Act 2017 (SA) 59(9)].
For more information about sentences of indeterminate duration, see: Indeterminate detention.
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