Australian Capital Territory Current Acts

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CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 132E

Matters court must consider before making prohibition order

    (1)     For section 132D (1) (d), the matters are as follows:

        (a)     for each registrable offence for which the person is a registrable offender—

              (i)     the seriousness of the offence; and

              (ii)     the period since the offence was committed; and

              (iii)     the person's and victim's ages when the person committed the offence, and the difference in age between the person and victim;

        (b)     the person's present age;

        (c)     the seriousness of the person's criminal history;

        (d)     whether the level of risk that the person may commit another registrable offence outweighs the effect of the order on the person;

        (e)     the person's circumstances, to the extent that they relate to the conduct sought to be prohibited;

Examples

1     the person's accommodation , employment, health, cultural and social needs

2     the need to integrate the person into the community

        (f)     if the person is a young person—the person's best interests, including the person's educational needs and access to family members.

    (2)     The Magistrates Court may have regard to anything else the court considers relevant.

    (3)     In this section:

"criminal history", about a person, means—

        (a)     a finding of guilt against the person for a registrable offence or relevant offence; and

        (b)     a charge made against the person for a registrable offence or relevant offence, other than—

              (i)     a charge that has been withdrawn, discontinued or dismissed; or

              (ii)     a charge for an offence for which the person was acquitted or found guilty.

"family member"—see the Children and Young People Act 2008

, section 13.

"relevant offence" means any of the following offences (whether committed in the ACT or elsewhere):

        (a)     a sexual offence;

        (b)     an offence against the person;

        (c)     an offence involving violence;

        (d)     an offence involving dishonesty or fraud;

        (e)     an offence relating to property;

        (f)     an offence relating to illegal drugs;

        (g)     an offence against an animal;

        (h)     any other offence the chief police officer considers relevant.



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