PART XI Sentencing

F1Order for lifelong restriction etc.

210FF2Order for lifelong restriction or compulsion order

(1)

The High Court, at its own instance or on the motion of the prosecutor, if it is satisfied, having regard to—

(a)

F3any risk assessment report submitted under section 210C(4) or (5) of this Act;

(b)

any report submitted by virtue of section 210D of this Act;

(c)

any evidence given under section 210C(7) of this Act; and

(d)

any other information before it,

that, on a balance of probabilities, the risk criteria are met, shall F4, in a case where it may make a compulsion order in respect of the convicted person under section 57A of this Act, either make such an order or make an order for lifelong restriction in respect of that person and in any other case make an order for lifelong restriction in respect of that person.

(2)

An order for lifelong restriction constitutes a sentence of imprisonment, or as the case may be detention, for an indeterminate period.

(3)

The prosecutor may, on the grounds that on a balance of probabilities the risk criteria are met, appeal against any refusal of the court to make an order for lifelong restriction.