South Australian Current Acts

CRIMINAL PROCEDURE ACT 1921 - SECT 78

78—Non-association and place-restriction orders

        (1)         An information may be laid under this section by a police officer.

        (2)         On an information, the Magistrates Court may make a non-association order or a place restriction order (or both) in respect of the defendant if—

            (a)         the defendant has, within the period of 2 years immediately preceding the making of the information, been convicted (in this State or elsewhere) of a prescribed offence; and

            (b)         the Magistrates Court is satisfied that it is reasonably necessary to do so to ensure that the defendant does not commit any further prescribed offences.

        (3)         A non-association order or a place restriction order—

            (a)         operates for the period specified in the order (which must be not more than 2 years); and

            (b)         may specify that it is to commence at the end of a period of imprisonment being served by the defendant.

        (4)         The Magistrates Court may—

            (a)         in determining whether it is reasonably necessary to make a non-association order or a place restriction order to ensure that the defendant does not commit any further prescribed offences, take into account events that have taken place outside of this State; and

            (b)         make a non-association order or a place restriction order against a defendant whether resident in or outside of this State.

        (5)         If a defendant disputes some or all of the grounds on which a non-association order or a place restriction order is sought or made but consents to the order, the Magistrates Court may make or confirm the order without receiving any further submissions or evidence as to the grounds.