sec.12CMaking offender reporting order—forensic order

### sec.12C Making offender reporting order—forensic order This section applies if a court makes a forensic order in relation to a person. 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 if the forensic order was made in relation to 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. For subsection (2) — a reference in section 12D to an offence is a reference to the offence in relation to which the forensic order is made; and a reference in section 12D to the conduct the subject of the order is a reference to the conduct that constitutes that offence. 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. An offender reporting order made under subsection (2) ends if the forensic order is revoked under the Mental Health Act 2016 , section 441 . s 12C ins 2023 No. 21 s 3 (sec.12C-ssec.1) This section applies if a court makes a forensic order in relation to a person. (sec.12C-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 if the forensic order was made in relation to 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. (sec.12C-ssec.3) For subsection (2) — a reference in section 12D to an offence is a reference to the offence in relation to which the forensic order is made; and a reference in section 12D to the conduct the subject of the order is a reference to the conduct that constitutes that offence. (sec.12C-ssec.4) 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. (sec.12C-ssec.5) An offender reporting order made under subsection (2) ends if the forensic order is revoked under the Mental Health Act 2016 , section 441 . - (a) the person poses a risk to the lives or the sexual safety of 1 or more children, or of children generally; or - (b) if the forensic order was made in relation to 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. - (i) the context in which the offence was committed was not familial; and - (ii) it is appropriate in the circumstances to make the order. - (i) the context in which the offence was committed was not familial; and - (ii) it is appropriate in the circumstances to make the order. - (a) a reference in section 12D to an offence is a reference to the offence in relation to which the forensic order is made; and - (b) a reference in section 12D to the conduct the subject of the order is a reference to the conduct that constitutes that offence.