Court is to make a finding of radicalisation on the basis of the person's behaviour
22CI Court is to make a finding of radicalisation on the basis of the person's behaviour
This section sets out how a court is to find, for the purposes of this Division, whether a person is radicalising towards violent extremism.
Note
Section 22AG sets out what is meant by radicalising towards violent extremism.
The court is to make that finding on the basis of behaviour that the court finds—
has been engaged in by the person; and
indicates that the person is radicalising towards violent extremism.
Note
Section 22AG(3), (4) and (5) describe behaviour that may, in certain circumstances, indicate that a person is radicalising towards violent extremism.
The court may—
find that a person has engaged in behaviour described in section 22AG(3) or (4); but
find that, nonetheless, in the particular circumstances of the case, the behaviour does not indicate that the person is radicalising towards violent extremism.
The court may find that a person is radicalising towards violent extremism whether or not the court finds that the person is preparing to commit a terrorist act.
S. 22CJ inserted by No. 47/2021 s. 6.
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