s.11Exclusion orders
11
Section 11Part 4 — Exclusion Orders

Exclusion orders

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Where a person is convicted of an offence, the court by or before which he is convicted may, subject to this Law and in addition to or instead of dealing with him in any other way, make an order prohibiting him from entering a place specified in the order for a period so specified of not more than two years.
An order under subsection (1) is, in this Law, referred to as an “exclusion order”.
An exclusion order —
may provide for the prohibition to operate only during the periods specified in the order; and
may specify different places for different periods or days.
The requirements in an exclusion order shall, as far as practicable, be such as to avoid —
any conflict with the convicted person’s religious beliefs or with the requirements of any other order to which he may be subject; and
any interference with the times, if any, at which he normally works or attends school or any other educational establishment.
An exclusion order shall include provision for making a person responsible (“the responsible officer”) for monitoring the convicted person’s whereabouts during the periods when the prohibition operates; and a person who is made so responsible shall be a probation officer.
An exclusion order shall specify the area in which the convicted person resides or will reside.
A court shall not make an exclusion order unless the court has been notified by the Ministry responsible for community services that arrangements for monitoring the convicted person’s whereabouts are available in the area in which the place proposed to be specified in the order is situated and the notice has not been withdrawn.
Before making an exclusion order in respect of an offender who on conviction is under the age of seventeen years, the court shall obtain and consider information about his family circumstances and the likely effect of such an order on those circumstances.
The court, before making an exclusion order, shall explain to the convicted person in ordinary language —
the effect of the order;
the consequences which may follow under section 12 if he fails to comply with any of the requirements of the order; and
that the court has power under section 13 to review the order on the application of the convicted person, the responsible officer or any affected person.
The court by which an exclusion order is made shall —
cause a copy of the order to be given to the convicted person and the responsible officer; and
give to any affected person any information relating to the order which the court considers it appropriate for him to have.
In this section —
“place” includes an area.
For the purposes of this Law, a person is an affected person in relation to an exclusion order if a prohibition is included in the order for the purpose (or partly for the purpose) of protecting him from being approached by the offender.

Defined Terms

exclusion orderplaceaffected person

Cross References