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Intervention and Restraining Orders

Section 28 of the Sentencing Act 2017 (SA) empowers a court to make an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 (SA) or restraining order under the Criminal Procedure Act 1921 (SA) after finding a person guilty of an offence or upon sentencing [see Sentencing Act 2017 (SA) s 28(1)]. The section allows for the orders to be made against a defendant as if an application was made under these Acts against the defendant [see Intervention Orders (Prevention of Abuse) Act 2009 ss 6, 7, 12 and Criminal Procedure Act 1921(SA) s 99AA and 99AAC]. An order made under section 28 of the Sentencing Act 2017 (SA) has effect as an intervention or restraining order [see s 28(4)(b)]. An order under section 28 is not a sentence [see s 28(4)(b)].

Intervention and Restraining Orders  :  Last Revised: Mon Apr 23rd 2018