Court may renew serious crime prevention order
27 Court may renew serious crime prevention order
If, on an application under section 26, the Court is satisfied as described in section 16(1)(b) and (c), the Court may renew the serious crime prevention order in respect of which the application was made.
Note
Section 16(1)(b) and (c) sets out what the Court must be satisfied of in relation to the conditions imposed under the order.
The Court may renew the serious crime prevention order even if the order ceases to have effect before the Court determines the application.
The Court must specify in the renewed serious crime prevention order—
the individual in respect of whom the order is made; and
the grounds on which the order was renewed; and
the conditions imposed under the order; and
the day on which the order is renewed.
Note
Section 28 also requires certain other matters to be specified in the order in relation to its duration.
In renewing the serious crime prevention order, the Court may vary the conditions imposed under the order if it is necessary to do so for the Court to be satisfied as described in section 16(1)(b) and (c).
Section 16(4) applies in relation to the imposition of conditions under a renewed serious crime prevention order.
Note
Section 16(4) requires the Court to have regard to what is already required of the respondent by various other instruments.
S. 28 substituted by No. 37/2024 s. 41.
This Act’s bill:Explanatory memorandumSecond reading speech
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