sec.12BMaking offender reporting order—conviction for offence other than prescribed offence

### sec.12B Making offender reporting order—conviction for offence other than prescribed offence This section applies if a court— convicts a person of an offence other than a prescribed offence; and records a conviction and imposes a sentence for the offence. For when no conviction is recorded, see the Penalties and Sentences Act 1992 , section 12 and the Youth Justice Act 1992 , section 183 . The court may also make an offender reporting order against the person if satisfied, on the balance of probabilities, after considering the matters mentioned in section 12D — the person poses a risk to the lives or the sexual safety of 1 or more children, or of children generally; or for a person convicted of a child abduction offence— the context in which the offence was committed was not familial; and it is appropriate in the circumstances to make the order. The commission of the offence was not merely incidental. For subsection (2) (a) , it is not necessary that the court be able to identify a risk to particular children, or a particular class of children. s 12B ins 2023 No. 21 s 3 amd 2023 No. 10 s 16 (3) (sec.12B-ssec.1) This section applies if a court— convicts a person of an offence other than a prescribed offence; and records a conviction and imposes a sentence for the offence. For when no conviction is recorded, see the Penalties and Sentences Act 1992 , section 12 and the Youth Justice Act 1992 , section 183 . (sec.12B-ssec.2) The court may also make an offender reporting order against the person if satisfied, on the balance of probabilities, after considering the matters mentioned in section 12D — the person poses a risk to the lives or the sexual safety of 1 or more children, or of children generally; or for a person convicted of a child abduction offence— the context in which the offence was committed was not familial; and it is appropriate in the circumstances to make the order. The commission of the offence was not merely incidental. (sec.12B-ssec.3) For subsection (2) (a) , it is not necessary that the court be able to identify a risk to particular children, or a particular class of children. - (a) convicts a person of an offence other than a prescribed offence; and - (b) records a conviction and imposes a sentence for the offence. Note— For when no conviction is recorded, see the Penalties and Sentences Act 1992 , section 12 and the Youth Justice Act 1992 , section 183 . - (a) the person poses a risk to the lives or the sexual safety of 1 or more children, or of children generally; or - (b) for a person convicted of a child abduction offence— (i) the context in which the offence was committed was not familial; and (ii) it is appropriate in the circumstances to make the order. Example of circumstances in which it is appropriate to make the order— The commission of the offence was not merely incidental. - (i) the context in which the offence was committed was not familial; and - (ii) it is appropriate in the circumstances to make the order. Example of circumstances in which it is appropriate to make the order— The commission of the offence was not merely incidental. - (i) the context in which the offence was committed was not familial; and - (ii) it is appropriate in the circumstances to make the order. Example of circumstances in which it is appropriate to make the order— The commission of the offence was not merely incidental.