Northern Territory Numbered Acts

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SERIOUS SEX OFFENDERS ACT 2013 (NO 9 OF 2013) - SECT 97

Evidence

    (1)     This section applies in relation to a civil proceeding under this Act.

    (2)     If it is relevant, any of the following is admissible as evidence in relation to a matter mentioned in section 6 (2), 2014_Acts063.html#_Ref341191037">9 or 2014_Acts063.html#_Ref341191947">14 :

    (a)     a medical, psychiatric or psychological report about the affected person;

    (b)     evidence of the affected person's criminal history in the Territory or elsewhere;

    (c)     evidence of the extent to which the affected person has complied with any of the following that apply, or have previously applied, to the affected person:

        (i)     a supervision order;

        (ii)     the Child Protection (Offender Reporting and Registration) Act ;

        (iii)     an order under Part 3, 4 or 5 of the Sentencing Act ;

        (iv)     a domestic violence order under the Domestic and Family Violence Act ;

        (v)     a parole order;

        (vi)     conditions imposed on a grant of bail under the Bail Act ;

    (d)     evidence of whether the affected person has made efforts to address causes of his or her offending behaviour and, if so, the effectiveness of those efforts;

    (e)     a transcript of any proceeding against the affected person for a serious sex offence;

    (f)     the reasons for decision or sentencing remarks of the sentencing court when the affected person was sentenced for a serious sex offence;

    (g)     statistical information as to the likelihood of persons with histories and characteristics similar to those of the affected person committing serious sex offences.

    (3)     This section does not:

    (a)     require a party to a proceeding to tender evidence mentioned in subsection (2); or

    (b)     prevent a party to a proceeding from tendering any other evidence.

    (4)     In this section:

affected person means:

    (a)     in a proceeding under Part 3 – the person in relation to whom the continuing detention order or supervision order is sought; or

    (b)     otherwise – the detainee or supervisee.

Notes for section 97

1     Sections 82 and 2014_Acts063.html#_Ref345498352">85 require the Attorney-General to tender in evidence medical reports prepared under medical assessment orders and victim submissions.

2     In a criminal proceeding for an offence against this Act, the ordinary rules of evidence applicable in criminal proceedings will apply.



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