124DIssue of unlawful association notice

124D Issue of unlawful association notice

S. 124D(1) amended by No. 37/2024 s. 31(1).

(1) A senior police officer may issue a notice in respect of an individual who is 18 years old or older if the senior police officer—

S. 124D(1)(a) amended by No. 37/2024 ss 16(1), 31(2).

(a) believes on reasonable grounds that the individual has, on at least one occasion, associated with an eligible offender; and

S. 124D(1)(b) substituted by No. 37/2024 s. 31(3).

(b) is satisfied on reasonable grounds that preventing those individuals from associating with each other is likely—

(i) to prevent or inhibit the establishment, maintenance or expansion of a criminal group or a criminal network; and

(ii) thereby to prevent or inhibit criminal activity; and

S. 124D(1)(c) inserted by No. 37/2024 s. 31(3).

(c) is satisfied on reasonable grounds that the issue of the notice is appropriate in all the circumstances.

S. 124D(2) substituted by No. 37/2024 s. 16(2).

(2) For the purposes of subsection (1), it does not matter whether the association referred to in subsection (1)(a) occurred before the commencement of this section.

S. 124D(2A) inserted by No. 37/2024 s. 31(4).

(2A) In determining, under subsection (1)(c), whether the issue of the notice is appropriate in all the circumstances, the senior police officer must have regard to—

(a) in relation to each offence by reason of which, under section 5, the eligible offender is an eligible offender—

(i) the nature and gravity of the offence; and

(ii) the time that has passed since the offence; and

(b) whether the behaviour of the eligible offender indicates that the eligible offender is involved in a criminal group or a criminal network (and, if so, the extent of that involvement); and

(c) whether the obligations that apply as a result of the issue of the notice are proportionate to the end in pursuit of which the notice is to be issued (as described in subsection (1)(b)(i) and (ii)); and

(d) any other relevant matter.

See also section 38 of the Charter of Human Rights and Responsibilities, which makes it unlawful for a public authority to act in a way that is incompatible with a human right or, in making a decision, to fail to give proper consideration to a relevant human right.

S. 124D(3) amended by No. 37/2024 s. 16(3).

(3) An unlawful association notice issued under subsection (1) must specify the eligible offender referred to in that subsection as an individual with whom the individual served the notice must not associate.