11 July 2014

Control Orders

The Child Sex Offenders Registration (Control Orders and Other Measures) Amendment Act 2014 (SA) amends the Child Sex Offenders Registration Act 2006 (SA) to insert new provisions in the offender registration statute such that on application by the South Australian Police, the Magistrates Court may make a Control Order against any adult registrable offender if the court is satisfied, on the balance of probabilities, that the registrable offender poses a risk to the safety and well-being of one or more children, or children generally, and that the making of the order will reduce that risk.

The associated Criminal Law (Sentencing) (Character Evidence) Amendment Act 2014 (SA) amends the Criminal Law (Sentencing) Act 1988 to provide that a sentencing court is not to have regard to the good character or lack of previous convictions of the offender if the offence is a class 1 or class 2 offence - within the meaning of the Child Sex Offenders Registration Act 2006 (SA) and the court is satisfied that the alleged good character or lack of previous convictions assisted the defendant to commit the offence.