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Crimes (Child Sex Offenders) Act 2005
132DCourt may make prohibition order
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132D Court may make prohibition order
(1) The Magistrates Court may, on application, make an order
(a prohibition order) prohibiting a person from engaging in conduct
if satisfied that—
(b) the person has engaged in the conduct stated in the application
for the order; and
(c) having regard to the nature or pattern of the conduct engaged
in—
(i) the person poses a risk to the lives or sexual safety of 1 or
more children, or of children generally; and
(ii) the making of the order will reduce the risk; and
(d) having regard to the matters mentioned in section 132E, the
order is appropriate.
Note For the kind of conduct the Magistrates Court may prohibit, see s 132F.
(2) Also, the Magistrates Court may only make a prohibition order for a
young person—
(a) after considering the CYP director-general’s report for the
young person; and
(b) if satisfied that all other reasonably appropriate ways of
managing the young person have been considered by the chief
police officer before the chief police officer applied for the
(3) For subsection (1), it is not necessary for the Magistrates Court to
identify a risk to a particular child, particular children, or a particular
class of children.
(4) The application for the order may be heard, and the order made, in
the person’s absence if the Magistrates Court is satisfied that the
person was served with the application under section 132Z (Service
of applications).
(5) If a person against whom a prohibition order is sought is already
subject to a prohibition order and no application has been made to
revoke the existing order, the Magistrates Court must, if it decides to
make the order—
(a) revoke the existing order and replace it with a new order (which
may contain matters relating to the existing order); or
(b) amend the existing order to include the matters in relation to
which it has decided to make the order.
(6) A failure to comply with subsection (5) does not affect the validity of
an existing prohibition order or the new prohibition order.