16Court may make serious crime prevention order

16 Court may make serious crime prevention order

(1) On an application under section 14, the Court may make an order that requires the respondent to comply with the conditions imposed under the order if the Court is satisfied that—

(a) either—

(i) the respondent is an eligible offender; or

(ii) subject to subsection (2), the respondent has been involved in serious criminal activity while aged 18 years old or older; and

(b) there are reasonable grounds to believe that compliance with the conditions would protect the public by preventing or inhibiting the respondent from being involved in serious criminal activity; and

(c) the imposition of the conditions is otherwise appropriate in all the circumstances.

Section 17 sets out some of the conditions that the Court may impose under the order.

(2) For the purposes of subsection (1)(a)(ii), if—

(a) the respondent committed an applicable offence; and

(b) the respondent was convicted of that offence; and

(c) that conviction has become spent under the Spent Convictions Act 2021—

the respondent is not to be taken to have been involved in serious criminal activity by having committed that offence.

(3) In determining whether to make a serious crime prevention order on the basis that the respondent has been involved in serious criminal activity in the way described by section 5C(b) or (c), the Court may have regard to whether the respondent's behaviour was reasonable in all the circumstances.

(4) In determining what conditions to impose under a serious crime prevention order, the Court must have regard to what is already required of the respondent by or under—

(a) an undertaking that the respondent has given to a court (including a bail undertaking); or

(b) an order made, or a direction given, by a court or a tribunal; or

(c) a correctional order within the meaning of the Corrections Act 1986; or

(d) a family violence safety notice issued under the Family Violence Protection Act 2008; or

(e) a corresponding interstate order, within the meaning of the Personal Safety Intervention Orders Act 2010, that is registered under Part 9 of that Act; or

(f) a corresponding New Zealand order, within the meaning of the Personal Safety Intervention Orders Act 2010, that is registered under Part 9 of that Act; or

(g) a recognised DVO within the meaning of the National Domestic Violence Order Scheme Act 2016; or