Court may declare that Subdivision 3 does not apply to certain serious child sex offenders
48J Court may declare that Subdivision 3 does not apply to certain serious child sex offenders
A court that is sentencing a serious child sex offender for a triggering child sex offence may declare that
Subdivision 3 does not apply to the sentencing of the serious child sex offender for the offence if the court is satisfied that—
exceptional circumstances exist for doing so; and
it is not, in all the circumstances, appropriate that the person be sentenced in accordance with that Subdivision.
If a court makes a declaration under subsection (1) in relation to the sentencing of a serious child sex offender for a triggering child sex offence, this Act will be taken to apply in relation to the sentencing of the serious child sex offender for the offence as if the person were not, in fact, a serious child sex offender.
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