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Sentencing Act 1995
97AWhen court may make order
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97A When court may make order
(1) This section applies when a court sentences an offender for an
offence (a significant offence) the maximum penalty for which is
imprisonment for 12 months or more.
(2) The court may make one or more of the following orders if the court
considers doing so may prevent the offender from committing
another significant offence:
(a) a non-association order prohibiting the offender from one or
both of the following as specified in the order:
(i) being in company with one or more specified persons
during a specified period;
(ii) communicating in any way (including by post, fax, phone
and other electronic means, and whether directly or
indirectly) with one or more specified persons during a
specified period;
(b) a place restriction order prohibiting the offender, except as
provided in the order, from visiting one or more specified
places (including a district or specific location) during a
specified period.
(3) The period specified under subsection (2)(a) or (b):
(a) is not limited by any term of imprisonment imposed on the
offender; but
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(b) must not exceed 12 months.
(4) An order imposed on the offender under subsection (1):
(a) is in addition to, and not instead of, any other penalty for the
offence; but
(b) must not be made if the court makes one or more orders
under this Act in relation to the offence without recording a
conviction for the offence.
(5) This section does not limit the court's power to make another order
or direction in relation to the offence under this or another Act.
(6) Without limiting subsection (5), this section does not affect the
court's power to impose a condition under section 40(2).