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Crimes (Child Sex Offenders) Act 2005
97Supreme Court may make suspension order
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97 Supreme Court may make suspension order
(1) This section applies if a registrable offender is eligible to apply for a
suspension order.
(2) On application by the offender, the Supreme Court may make a
suspension order.
(3) The court may make the order only if satisfied that the registrable
offender does not pose a risk to the sexual safety of 1 or more people
or of the community.
(4) In deciding whether to make the order, the court must take into
account—
(a) the seriousness of the offender’s registrable offences and
corresponding registrable offences; and
(b) the period of time since the offences were committed; and
(c) the age of the offender, the age of the victims of the offences,
and the difference in age between the offender and the victims
of the offences, when the offences were committed; and
(d) the offender’s present age; and
(e) the offender’s total criminal record.
(5) Subsection (4) does not limit the matters the court may take into
account.