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Forensic Coordination Service v Knight [2021] NZFC 5177

Published 09 September 2022

Application to extend secure care order — intellectual disability — liberty — public interest — sexual offending — Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, ss 3, 11 & 85 — Criminal Procedure (Mentally Impaired Persons) Act 2003, s 34 — Summary Offences Act 1981, ss 9 & 21 — RIDCA Central v VM [2011] NZCA, 659 — J v Attorney-General [2018] NZHC 1209 — L v RIDCA Central HC Wellington CIV-2010-485-1279, 21 September 2010 — SNRB v WLH [2012] NZFC 168. An extension of a secure care order was sought in respect of the subject person. The subject person had been subject to a secure care order for over four years, following convictions for possession of pornographic images of children. In assessing whether to grant an extension to the secure care order, the Judge took into consideration the subject person's risk to the community, which was to be balanced against the subject person's liberty interests. The Judge determined an extension should be granted, and ordered that the care order was to be extended for another year. Judgment Date: 4 June 2021. * * * Note: names have been changed to comply with legal requirements. * * *