South Australian Consolidated Acts

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CRIMINAL LAW (SENTENCING) ACT 1988 - SECT 19A

19A—Restraining orders may be issued on finding of guilt or sentencing

        (1)         A court may, on finding a person guilty of an offence or on sentencing a person for an offence, exercise the powers of the Magistrates Court to issue against the defendant a restraining order under the Summary Procedure Act 1921 or a domestic violence restraining order under the Domestic Violence Act 1994 as if a complaint had been made under that Act against the defendant in relation to the matters alleged in the proceedings for the offence.

        (1a)         Before issuing an order under this section the court must consider whether, if the whereabouts of the person for whose benefit the order would be issued are not known to the defendant, the issuing of the order would be counterproductive.

        (2)         An order issued under this section—

            (a)         has effect as a restraining order under the Summary Procedure Act 1921 or a domestic violence restraining order under the Domestic Violence Act 1994 (as the case may require); and

            (b)         is not a sentence for the purposes of this Act.



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