Page:Organised Crime Act 2015.pdf/27

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28
NO. 26 OF 2015


Division 2—General

Organised crime prevention orders

15.—(1) Subject to the provisions of Part 5, the High Court may, upon the application of the Public Prosecutor, make an organised crime prevention order against a person if, upon giving the person a reasonable opportunity to be heard—

(a) the court is satisfied, on a balance of probabilities, that the person has been involved in a Part 2 offence, or a serious offence associated with an organised criminal group; and
(b) the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting any involvement by the person in any Part 2 offence, or any serious offence associated with an organised criminal group.

(2) Subject to the provisions of Part 5, where a court convicts any person for having committed—

(a) a Part 2 offence; or
(b) a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13,

the court may, upon the application of the Public Prosecutor, and upon giving the person a reasonable opportunity to be heard, make an organised crime prevention order at the time of sentencing the person if the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting any involvement by the person in any Part 2 offence or any serious offence associated with an organised criminal group.

(3) An organised crime prevention order made under this section may contain—

(a) such prohibitions, restrictions or requirements; and
(b) such other terms,

as the court considers appropriate for the purpose of protection as mentioned in subsection (1) or (2).