Community Protection (Offender Reporting) Act 2004

This section applies if a court finds an offender guilty of any of the following offences committed when the offender was a child —

a Class 1 offence;

a Class 2 offence;

if the offender concerned has previously been found guilty of a Class 3 offence — another Class 3 offence.

The court must consider making an order under subsection (3) at the time the offender is sentenced for the offence.

The court may make an order that the offender comply with the reporting obligations of this Act if the court is satisfied that the offender poses a risk to the lives or the sexual safety of 1 or more persons, or persons generally.

For the purposes of subsection (3), it is not necessary that the court is able to identify a risk to a particular person or particular persons or a particular class of persons.

In deciding whether to make the order in relation to an offence, the court may take into account the following —

any evidence given during proceedings for the offence;

any document or record (including an electronic document or record) served on the offender by the prosecution;

any statement tendered, or deposition made, or exhibit tendered, at any proceedings in relation to the offence;

any evidence given by a victim or the offender in relation to the making of the order;

any pre‑sentence report given to the court;

any victim impact statement given to the court;

any mediation report given to the court;

any other matter the court considers relevant.

The court may make the order in relation to an offence —

at the time the person is sentenced for the offence; or

at a later time if more time is necessary to enable the information referred to in subsection (5) to be presented to the court.

The court may make an order under subsection (3) on application from the prosecution or on the court’s own initiative.

Despite subsection (7), if the court does not consider making an order under subsection (3), an application for the order may be made to the court by the prosecution or the Commissioner within the period of 6 months after the day on which the person is sentenced for the offence.

For the purposes of an application made under subsection (8), the reference in subsection (5)(b) to the prosecution is taken to include a reference to the Commissioner.

The court cannot make an order under subsection (3) in relation to a person merely because the person as a child committed a single offence (including an offence under a law of a foreign jurisdiction) that falls within a class of offences that are prescribed under section 6(4).