Re MTE (No 4)

In the case of Re MTE, the applicant sought to review the conditions of a supervision order imposed under the Serious Offenders Act 2018. The application was heard in the Supreme Court of the relevant state, which was asked to consider the removal of an electronic monitoring condition imposed on the applicant as part of their supervision order. The applicant did not contest the need for the supervision order itself but argued for the modification of a specific condition. The matter was unopposed, and the parties proposed certain orders by consent.

The court was required to decide whether the electronic monitoring condition was necessary for the supervision of the applicant and whether the applicant’s arguments for its removal were valid. The primary consideration was the risk posed by the applicant to the public, and whether the electronic monitoring was a proportionate response to that risk. The court also needed to determine whether the applicant had met the threshold for demonstrating that the condition was no longer necessary or appropriate.

The court granted the application for leave to review the condition and ultimately allowed the application, modifying the supervision order as proposed. The reasoning centred on the assessment of the risk posed by the applicant and the proportionality of the electronic monitoring condition. The court found that the risk level had decreased to a point where the condition was no longer necessary. As a result, the supervision order was varied to remove the electronic monitoring condition, aligning with the proposal by consent.

The final orders reflected the agreement between the parties and the court’s decision to modify the supervision order by removing the electronic monitoring condition. The court’s decision was based on a detailed assessment of the risk and the proportionality of the supervision measures.