When court may make order—offender who was participant in criminal organisation
161W When court may make order—offender who was participant in criminal organisation
A court sentencing an offender for an indictable offence may make a control order for the offender if—
section 161R does not apply to the sentencing of the offender; and
the court is satisfied the offender was, at the time the offence was committed, or at any time during the course of the commission of the offence, a participant in a criminal organisation; and
the court considers that making the order is reasonably necessary to protect the public by preventing, restricting or disrupting the offender’s involvement in serious criminal activity.
Notes—
1 See section 15 in relation to the information and sentencing submissions the court may receive for sentencing the offender.
2 See also the Evidence Act 1977, section 132C.
For subsection (1)(b), the offender’s participation in a criminal organisation need not be related to the indictable offence for which the offender is being sentenced.
A control order may be made under subsection (1) on the court’s own initiative or on an application by the prosecutor.
If the prosecutor intends to make an application under subsection (3), the prosecutor must inform the court as soon as practicable after the offender has been convicted of the indictable offence.
This section applies whether the offender is convicted of the indictable offence summarily or on indictment.
This Act’s bill:Explanatory memorandum
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