Sentencing Act 2017

A court may, on finding a person guilty of an offence or on sentencing a person for an offence, exercise the powers of the Magistrates

Court to issue against the defendant a restraining order under the

Criminal Procedure Act 1921 or an intervention order under the Intervention

Orders (Prevention of Abuse) Act 2009 as if an application had been made under the relevant Act against the defendant in relation to the matters alleged in the proceedings for the offence.

Before issuing an order under this section, the court must consider whether, if the whereabouts of the person for whose benefit the order would be issued are not known to the defendant, the issuing of the order would be counterproductive.

If a court, in accordance with this section, determines to exercise the powers of the Magistrates Court to issue a restraining order under section 99AAC of the Criminal Procedure

Act 1921, section 99KA of that Act applies to proceedings relating to the restraining order as if—

the court were the Magistrates Court; and

the proceedings were child protection restraining order proceedings within the meaning of that section.

An order issued under this section—

has effect—

as a restraining order under the Criminal Procedure Act 1921;

or

as a final intervention order issued by the court under the

Intervention Orders (Prevention of Abuse)

Act 2009, as the case may require; and

is not a sentence for the purposes of this Act.

A court must, on finding a person guilty of a sexual offence or on sentencing a person for a sexual offence—

consider whether or not an order should be issued under this section; and

if the court determines that an order should not be issued under this section—give reasons for that determination (and the determination is subject to appeal as if it were an order of the court made on sentence).

In this section—

sexual offence means—

rape; or

compelled sexual manipulation; or

indecent assault; or

any offence involving unlawful sexual intercourse or an act of gross indecency; or

incest; or

any offence involving sexual exploitation or abuse of a child, or exploitation of a child as an object of prurient interest; or

an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935;

or

an attempt to commit, or assault with intent to commit, any of the offences referred to in a preceding paragraph.