PENALTIES AND SENTENCES ACT 1992 - SECT 161W
When court may make order—offender who was participant in criminal organisation
PENALTIES AND SENTENCES ACT 1992 - SECT 161W
When court may make order—offender who was participant in criminal organisation
161W When court may make order—offender who was participant in criminal
organisation
(1) A court sentencing an offender for an indictable offence may make a
control order for the offender if—
(a) section 161Rdoes not apply to the
sentencing of the offender; and
(b) the court is satisfied the offender was,
at the time the offence was committed, or at any time during the course of the
commission of the offence, a participant in a criminal organisation; and
(c)
the court considers that making the order is reasonably necessary to protect
the public by preventing, restricting or disrupting the offender’s
involvement in serious criminal activity.
Notes—
1 See section 15in
relation to the information and sentencing submissions the court may receive
for sentencing the offender.
(2) For subsection (1) (b) , the offender’s participation in a criminal
organisation need not be related to the indictable offence for which the
offender is being sentenced.
(3) A control order may be made under subsection
(1) on the court’s own initiative or on an application by the prosecutor.
(4) If the prosecutor intends to make an application under subsection (3) ,
the prosecutor must inform the court as soon as practicable after the offender
has been convicted of the indictable offence.
(5) This section applies
whether the offender is convicted of the indictable offence summarily or on
indictment.