sec.129ZBMatters court must consider in deciding whether to make exclusion order

### sec.129ZB Matters court must consider in deciding whether to make exclusion order A court considering whether or not to make, or the terms of, an exclusion order in relation to a person must have regard to the following— the matters to which the court must have regard when sentencing the person under the Penalties and Sentences Act 1992 or, if the person is a child, the Youth Justice Act 1992 ; whether the person is subject to a civil banning order; whether the making of the order is likely to cause undue hardship to the person or the person’s family— by depriving the person of the person’s means of earning a living; or in another way, including, for example, by depriving the person of the ability— to study; or to maintain the person’s health or the health of a member of the person’s family; the effect the order would have on the person’s safety and wellbeing, having regard to the person’s age and any physical, intellectual or psychiatric disability. This section does not limit the matters to which the court may have regard in considering whether or not to make, or the terms of, an exclusion order under this part in relation to a person. See, for example, the Penalties and Sentences Act 1992 , section 189 which allows the court to consider, in particular circumstances, offences a person may have committed but for which the person has not been convicted. s 129ZB ins 2008 No. 67 s 223 amd 2011 No. 12 s 84 ; 2016 No. 58 s 10 sch 1 (sec.129ZB-ssec.1) A court considering whether or not to make, or the terms of, an exclusion order in relation to a person must have regard to the following— the matters to which the court must have regard when sentencing the person under the Penalties and Sentences Act 1992 or, if the person is a child, the Youth Justice Act 1992 ; whether the person is subject to a civil banning order; whether the making of the order is likely to cause undue hardship to the person or the person’s family— by depriving the person of the person’s means of earning a living; or in another way, including, for example, by depriving the person of the ability— to study; or to maintain the person’s health or the health of a member of the person’s family; the effect the order would have on the person’s safety and wellbeing, having regard to the person’s age and any physical, intellectual or psychiatric disability. (sec.129ZB-ssec.2) This section does not limit the matters to which the court may have regard in considering whether or not to make, or the terms of, an exclusion order under this part in relation to a person. See, for example, the Penalties and Sentences Act 1992 , section 189 which allows the court to consider, in particular circumstances, offences a person may have committed but for which the person has not been convicted. - (a) the matters to which the court must have regard when sentencing the person under the Penalties and Sentences Act 1992 or, if the person is a child, the Youth Justice Act 1992 ; - (aa) whether the person is subject to a civil banning order; - (b) whether the making of the order is likely to cause undue hardship to the person or the person’s family— (i) by depriving the person of the person’s means of earning a living; or (ii) in another way, including, for example, by depriving the person of the ability— (A) to study; or (B) to maintain the person’s health or the health of a member of the person’s family; - (i) by depriving the person of the person’s means of earning a living; or - (ii) in another way, including, for example, by depriving the person of the ability— (A) to study; or (B) to maintain the person’s health or the health of a member of the person’s family; - (A) to study; or - (B) to maintain the person’s health or the health of a member of the person’s family; - (c) the effect the order would have on the person’s safety and wellbeing, having regard to the person’s age and any physical, intellectual or psychiatric disability. - (i) by depriving the person of the person’s means of earning a living; or - (ii) in another way, including, for example, by depriving the person of the ability— (A) to study; or (B) to maintain the person’s health or the health of a member of the person’s family; - (A) to study; or - (B) to maintain the person’s health or the health of a member of the person’s family; - (A) to study; or - (B) to maintain the person’s health or the health of a member of the person’s family;