Western Australian Current Acts Western Australian Current Acts (1) An offender is a
high risk serious offender if the court dealing with an application under this
Act finds that it is satisfied, by acceptable and cogent evidence and to a
high degree of probability, that it is necessary to make a restriction order
in relation to the offender to ensure adequate protection of the community
against an unacceptable risk that the offender will commit a serious offence.
(2) The State has the
onus of satisfying the court as required by subsection (1).
(3) In considering
whether it is satisfied as required by subsection (1), the court must have
regard to the following —
(a) any
report prepared under section 74 for the hearing of the application and the
extent to which the offender cooperated in the examination required by that
section;
(b) any
other medical, psychiatric, psychological, or other assessment relating to the
offender;
(c)
information indicating whether or not the offender has a propensity to commit
serious offences in the future;
(d)
whether or not there is any pattern of offending behaviour by the offender;
(e) any
efforts by the offender to address the cause or causes of the offender’s
offending behaviour, including whether the offender has participated in any
rehabilitation programme;
(f)
whether or not the offender’s participation in any rehabilitation
programme has had a positive effect on the offender;
(g) the
offender’s antecedents and criminal record;
(h) the
risk that, if the offender were not subject to a restriction order, the
offender would commit a serious offence;
(i)
the need to protect members of the community from that
risk;
(j) any
other relevant matter.
(4) In considering
whether it is satisfied as required by subsection (1), the court must
disregard the possibility that the offender might temporarily be prevented
from committing a serious offence by —
(a)
imprisonment; or
(b)
remand in custody; or
(c) the
imposition of bail conditions.