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This enactment defines the expression ``child predator offence'' to
cover sexual offences involving children that include sexual activity by
the offender. It amends the Corrections and Conditional Release Act to
prevent any unescorted temporary absence, day parole, full parole or
statutory release being granted to a person who has committed a child
predator offence, or who has been found to be a child predator under
new provisions of the Criminal Code. Thus, it ensures that the full term
of the sentence is served in custody in every case of a child predator
offence.
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Further, the enactment amends the Criminal Code to provide for an
application to a court to find a person to be a child predator on the basis
of having committed a child predator offence and having shown an
inability to control sexual behaviour or an indifference to the
consequences of that behaviour for victims.
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The enactment allows the court to order an offender who is found to
be a child predator to be held in custody for an indeterminate period if
the offence is a second or subsequent child predator offence, and
requires the court in all such cases to order counselling and, in the case
of any subsequent release, avoidance of contact with children,
electronic surveillance and monthly reporting to police of residence and
place of work for at least five years after his or her release.
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If the offender is not found to be a child predator, the court, on
passing sentence for a child predator offence, may still make any or all
of the orders specified in the enactment and find the accused to be a
long-term offender, and shall, in all cases, order avoidance of contact
with children and monthly reporting to the police.
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The Minister of Justice is required to establish procedures to ensure
that any breaches of an order, including a failure to report to police,
results in the immediate issuance of a warrant for the offender's arrest
and the notification of the relevant law enforcement agencies.
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