Sentencing Act 2002

Sentences, orders, and related matters - Discharge and miscellaneous orders - Protection orders

123E: Protection order to be issued and served on offender

You could also call this:

"The court must give the offender a copy of the protection order straight away."

Illustration for Sentencing Act 2002

When the court makes a protection order under section 123B, the court's Registrar must do two things. They must issue the order right away. They must also give a copy of the order to the offender before they leave the court, if that is possible. If necessary, the court can keep the offender at the court for up to 2 hours so the order can be issued and given to them. The court wants to make sure the offender gets a copy of the protection order as soon as possible.

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123D: Explanation of protection order, or

"The court must explain what a protection order means and what happens if you don't follow it."


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123F: Protection order to be sent to Family Court, or

"The court sends a copy of your protection order to the Family Court near your home."

Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Protection orders

123EProtection order to be issued and served on offender

  1. Where the court makes a protection order under section 123B, the Registrar of that court must—

  2. immediately issue the order; and
    1. wherever practicable, serve a copy of the order on the offender before he or she leaves the court.
      1. For the purpose of subsection (1), the court may direct that the offender be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to enable the order to be issued and a copy served on the offender.

      Notes
      • Section 123E: inserted, on , by section 4 of the Sentencing Amendment Act (No 2) 2009 (2009 No 44).