New South Wales Consolidated Acts

CRIMES (SERIOUS CRIME PREVENTION ORDERS) ACT 2016 - SECT 5

5 Making of serious crime prevention orders

(1) An appropriate court may, on the application of an eligible applicant, make an order (a
"serious crime prevention order" ) against a specified person if--

(a) in the case of a natural person--the person is 18 years old or older, and

(b) the court is satisfied that--

(i) the person has been convicted of a serious criminal offence, or

(ii) the person has been involved in serious crime related activity for which the person has not been convicted of a serious criminal offence (including by reason of being acquitted of, or not being charged with, such an offence), and

(c) the court is satisfied that there are reasonable grounds to believe that the making of the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime related activities.

(2) If the ground relied on for an application for a serious crime prevention order against a person is that the person has been involved in serious crime related activity for which the person has not been convicted of a serious criminal offence by reason of an acquittal, the application must include the following information--

(a) the serious criminal offence of which the person was acquitted,

(b) the court in which the offence was tried,

(c) the date on which the person was acquitted.

(3) Unless the appropriate court orders otherwise, the applicant must serve a copy of the application on the person against whom the serious crime prevention order is sought at least 14 days before the hearing date for the application.

(4) The person against whom a serious crime prevention order is sought and any other person whose interests may be affected by the making of the order may appear at the hearing of the application and make submissions in relation to the application.

(5) In determining an application for a serious crime prevention order, the court may admit and take into account hearsay evidence despite any rule relating to the admission of hearsay evidence (whether under the Evidence Act 1995 or otherwise) if--

(a) the court is satisfied that the evidence is from a reliable source and is otherwise relevant and of probative value, and

(b) the person against whom the order is sought to be made has been notified of, and served with a copy of, the evidence before its admission.

(6) The applicant must ensure that a serious crime prevention order is served (whether by the applicant or another person) on the person against whom it is made. The order must be served by means of personal service.