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CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) ACT 2004 - SECT 12B
Making offender reporting order—conviction for offence other than prescribed offence
12B Making offender reporting order—conviction for offence other than
prescribed offence
(1) This section applies if a court— (a) convicts a person of an offence
other than a prescribed offence; and
(b) records a conviction and imposes a
sentence for the offence. Note— For when no conviction is recorded, see the
Penalties and Sentences Act 1992 , section 12 and the Youth Justice Act 1992 ,
section 183 .
(2) The court may also make an offender reporting order
against the person if satisfied, on the balance of probabilities, after
considering the matters mentioned in section 12D — (a) the person poses a
risk to the lives or the sexual safety of 1 or more children, or of children
generally; or
(b) for a person convicted of a child abduction offence— (i)
the context in which the offence was committed was not familial; and
(ii) it
is appropriate in the circumstances to make the order. Example of
circumstances in which it is appropriate to make the order— The commission
of the offence was not merely incidental.
(3) For subsection (2) (a) , it
is not necessary that the court be able to identify a risk to particular
children, or a particular class of children.
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