The State of Western Australia v Haji-Noor

The State of Western Australia applied for a restriction order in relation to Ramli Robert Haji-Noor, a sentenced prisoner who was due to be released from custody on 8 May 2023. The application was made under s 35(1) of the High Risk Serious Offenders Act 2020 (WA) (HRSO Act). The State applied for various orders pursuant to s 46(2) of the HRSO Act, including an order that Mr Haji-Noor be detained in custody, or alternatively that he be released subject to the conditions set out in s 30(2), until the application for a restriction order is finally determined. The preliminary hearing took place before Vandongen J on 5 May 2023. At the conclusion of the preliminary hearing, the judge was satisfied that there were reasonable grounds for believing that the Court might ultimately find Mr Haji-Noor to be a high risk serious offender within the meaning of s 7 of the HRSO Act. The judge then made orders pursuant to s 46(2) of the HRSO Act requiring the preparation of reports and fixing 1 November 2023 as the date for the hearing of the restriction order application. The judge also made an order that Mr Haji-Noor be detained in custody for a short period of time to ensure that suitable accommodation was available for him, and a further order that he then be released on an interim supervision order pending the hearing of the restriction order application. Vandongen J found that there were reasonable grounds for believing that the court might, in accordance with s 7, find that Mr Haji-Noor is a 'high risk serious offender'. The judge concluded that it was possible that the court will ultimately be 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 Mr Haji-Noor to ensure the adequate protection of the community against an unacceptable risk that he will commit a serious offence. Vandongen J decided to order that Mr Haji-Noor be released on an interim supervision order pending the hearing of the restriction order application on 1 November 2023. The judge was satisfied that to ensure adequate protection of the community it is desirable to make an order under s 58(5) of the HRSO Act. The judge concluded that the risk that Mr Haji-Noor may commit a serious offence will be adequately managed by his compliance with the terms of an interim supervision order. The final orders included an interim supervision order and orders to facilitate the preparation of reports and to ensure the efficient conduct of the hearing of the restriction order application.