South Australian Current Acts

CRIMINAL PROCEDURE ACT 1921 - SECT 79

79—Non-association and place restriction orders not to restrict certain associations or activities

        (1)         The persons specified in a non-association order as persons with whom the defendant must not associate may not include any member of the defendant's close family.

        (2)         Despite subsection (1), a member of the defendant's close family may be specified in a non-association order if—

            (a)         the defendant requests that the member be specified in the order; or

            (b)         the Magistrates Court has reasonable cause to believe, having regard to the criminal antecedents of the member and the defendant, the nature and pattern of criminal activity in which the member and the defendant have both participated or any other matter the Magistrates Court thinks fit, that there is an appreciable risk that the defendant may be involved in conduct that could involve the commission of a further prescribed offence if the defendant associates with that member.

        (3)         The places or areas specified in a place restriction order as places or areas that the defendant must not frequent or visit may not include—

            (a)         the defendant's place of residence or the place of residence of any member of the defendant's close family; or

            (b)         any place of work at which the defendant is regularly employed; or

            (c)         any educational institution at which the defendant is enrolled; or

            (d)         any place of worship that the defendant regularly attends.

        (4)         Despite subsection (3), a place or area referred to in that subsection may be specified in a place restriction order if—

            (a)         the defendant requests that the place or area be specified in the order; or

            (b)         the Magistrates Court has reasonable cause to believe, having regard to the ongoing nature and pattern of participation of the defendant in criminal activity occurring at that place or area, that there is an appreciable risk that the defendant may be involved in conduct that could involve the commission of a further prescribed offence if the defendant frequents or visits that place or area.