39Final order to be made on guilty plea or guilt finding for serious offence

#### 39 Final order to be made on guilty plea or guilt finding for serious offence 39 Final order to be made on guilty plea or guilt finding for serious offence > > (1) This section applies to a person who pleads guilty to, or is found guilty of, a serious offence. > > > (1A) A court must make a final apprehended violence order for the protection of the person against whom the offence was committed whether or not— > > > > > (a) an interim apprehended violence order has been made, or > > > > > (b) an application for an apprehended violence order has been made. > > > (2) However, the court need not make a final apprehended violence order if it is satisfied that it is not required (for example, because a final apprehended violence order has already been made against the person). > > > (2A) For an apprehended domestic violence order imposed by a court under this section, subsections (2B)–(2D) apply if the person— > > > > > (a) was at least 18 years of age at the time of the commission of the offence, and > > > > > (b) is sentenced to a term of imprisonment, other than by way of intensive correction in the community, for the offence. > > > (2B) Subject to subsection (2C), the court is to specify that the apprehended domestic violence order remains in force for— > > > > > (a) the period of the term of imprisonment for the offence, and > > > > > (b) an additional 2 years after the term of imprisonment ends. > > > (2C) The court may specify a different period if, in the opinion of the court, there is a good reason to impose a different period. > > > (2D) The date on which the apprehended domestic violence order comes into force may be a day before the day the person starts serving the person’s term of imprisonment. > > > (3) In this section— > > > > court includes the District Court. > > > > serious offence has the same meaning as in section 40. > > **s 39:** Am 2014 No 2, Sch 6.1 \[2\]. Subst 2016 No 33, Sch 1 \[19\]. Am 2020 No 36, Sch 1\[12\] \[13\].