Crimes Act 1914

Part IB - Sentencing, imprisonment and release of federal offenders

Division 6 - Unfitness to be tried

SECTION 20BE Attorney-General may order release

(1)
The Attorney-General may, after considering under subsection 20BD(1) whether or not the person should be released from detention, order that the person be released from detention.

(2)
The Attorney-General must not order a person's release from detention unless the Attorney-General is satisfied that the person is not a threat or danger either to himself or herself or to the community.

(3)
An order:

(a) must be in writing; and

(b) remains in force for such period as is specified in the order (being a period equal to the balance of the period fixed by the court for detention under subsection 20BC(2) ) or for a period of 5 years, whichever is the lesser; and

(c) is subject to such conditions (if any) as are specified in the order.

(4)
Without limiting the generality of paragraph (3)(c), the conditions that may be specified in the order may include all or any of the following:

(a) a condition that the person reside at an address specified in the order;

(b) a condition that the person present himself or herself for such medical or psychiatric treatment as is specified in the order at such times as are specified in the order;

(c) a condition that the person undertake such medical or mental health therapy as is specified in the order;

(d) a condition that the person undertake such social, vocational or educational counselling as is specified in the order;

(e) a condition that the person participate in such programs relating to financial management, behaviour modification or inter-personal relationships as are specified in the order.

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