Restrictive Orders
These are ancillary as they are typically imposed in additon to other orders.
Non-Contact
Convictions are discretionary (s43A Penalties and Sentences Act (Qld) 1992). These orders are made additional to other orders for indictable offences against the person (when no Domestic Violence Order is available) (s 43B). The order restrains the offender from contact with the victim/victim’s associate and/or from attending a stated place. These order can only be made if there is an unacceptable risk to the victim (see 43C(3)). The making of these orders is particularly pertinent where protection of the community is an important sentencing principle.
Banning Orders
Convictions are discretionary (s 43H). These orders can ban an offender from a number of different activities/areas - i.e. from particular licensed premises/class of licensed premises or an area around it or from a designated licensed event (s 43I). Such orders can only be made for certain offenders, i.e. those who have been convicted of an offence:
- that involved the use, threatened use or attempted use of unlawful violence to a person or property
- that was committed in licensed premises or in a public place in the vicinity of licensed premises;
where the court is satisfied that, unless the order is made, the offender would pose an unacceptable risk to the good order of licensed premises and areas in the vicinity of licensed premises; or the safety and welfare of persons attending licensed premises and areas in the vicinity of licensed premises (s 43J).
Disqualification
Section 187 of the Penalties and Sentences Act (Qld) 1992 - disqualification can be ordered (in the Court's discretion) for an offence “in connection with, or arising out of,” the driving of a motor vehicle by the offender (see R v Nhu Ly [1996] 1 Qd R 543) if the Court is satisfied the interests of justice require disqualification. The Court may, additionally to other orders, disqualify absolutely or for a lesser period. Such disqualification runs from time of conviction (Confirmed in R v Cunningham [2005] QCA 321).
Disqualification is mandatory for certain offences, see eg for drink driving offences (s86(1) Transport Operations (Road Use Management) Act 1995)), for minimum six months.
Non-Contact
Convictions are discretionary (s43A Penalties and Sentences Act (Qld) 1992). These orders are made additional to other orders for indictable offences against the person (when no Domestic Violence Order is available) (s 43B). The order restrains the offender from contact with the victim/victim’s associate and/or from attending a stated place. These order can only be made if there is an unacceptable risk to the victim (see 43C(3)). The making of these orders is particularly pertinent where protection of the community is an important sentencing principle.
Banning Orders
Convictions are discretionary (s 43H). These orders can ban an offender from a number of different activities/areas - i.e. from particular licensed premises/class of licensed premises or an area around it or from a designated licensed event (s 43I). Such orders can only be made for certain offenders, i.e. those who have been convicted of an offence:
- that involved the use, threatened use or attempted use of unlawful violence to a person or property
- that was committed in licensed premises or in a public place in the vicinity of licensed premises;
where the court is satisfied that, unless the order is made, the offender would pose an unacceptable risk to the good order of licensed premises and areas in the vicinity of licensed premises; or the safety and welfare of persons attending licensed premises and areas in the vicinity of licensed premises (s 43J).
Disqualification
Section 187 of the Penalties and Sentences Act (Qld) 1992 - disqualification can be ordered (in the Court's discretion) for an offence “in connection with, or arising out of,” the driving of a motor vehicle by the offender (see R v Nhu Ly [1996] 1 Qd R 543) if the Court is satisfied the interests of justice require disqualification. The Court may, additionally to other orders, disqualify absolutely or for a lesser period. Such disqualification runs from time of conviction (Confirmed in R v Cunningham [2005] QCA 321).
Disqualification is mandatory for certain offences, see eg for drink driving offences (s86(1) Transport Operations (Road Use Management) Act 1995)), for minimum six months.