148IExclusion orders

148I Exclusion orders (1) A court may make an exclusion order in respect of a person (the ***offender***) if the court— (a) finds the offender guilty of a specified offence that was committed wholly or partly in a designated area; and (b) does not sentence the offender to serve a term of imprisonment of 12 months or more, or an indefinite term of imprisonment, in respect of the specified offence; and (c) is satisfied that the order may be an effective and reasonable means of preventing the commission by the offender of further specified offences in the designated area. (2) An ***exclusion order*** is an order excluding the offender, for the period specified in the order, from— (a) the designated area; or (b) all licensed premises in the designated area; or (c) specified licensed premises, or licensed premises of a specified class, in the designated area. S. 148I(3) amended by No. 37/2014 s. 10(Sch. item 96.25). (3) An exclusion order may be made on the application of a police officer or the Director of Public Prosecutions, or on the court's own initiative. (4) The period specified in the exclusion order must not exceed 12 months. (5) An exclusion order— (a) may exclude the offender from the designated area or licensed premises (as the case requires) at all times during the period of the order, or at the times specified in the order; (b) may allow the offender to enter the designated area or licensed premises (as the case requires) for specified purposes during the period of the order, subject to any conditions the court thinks fit; (c) may be made subject to any other conditions the court thinks fit. (6) In determining whether it is satisfied under subsection (1)(c), the court must consider— (a) the nature and gravity of the specified offence; and (b) whether the offender has previously been found guilty of a specified offence committed in the designated area (whether or not it was a designated area at the time the offence was committed); and (c) whether the offender is or has been the subject of an exclusion order in relation to another specified offence committed in the designated area, or a specified offence committed in another designated area (whether or not they were designated areas at the time the offence was committed); and (d) the likely impact of the exclusion order on— (i) the offender; and (ii) any victim of the specified offence; and (iii) public safety and public order; and (e) any other matters the court considers relevant. S. 148J inserted by No. 73/2007 s. 5.