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].