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Loitering near schools

Loitering near schools is considered a serious offence because of the general public concern around potentially sexualized behaviour towards children.

It is where people who have had convictions for various offences are found loitering or hanging around schools without a good reason.

Section 60 B of the Crimes Act mandates a number of types of convictions and classes of people who will have to show a reasonable excuse for being around schools and child care type premises.

The difference in penalty depends on whether, for example the person has been sentenced previously as a serious sexual offender.

To prove a charge such as this the Prosecution must show that the accused has been loitering. This is the part of the charge that is defended the most ie that, in fact, there was no loitering. There is often a factual dispute as to what you are doing at the time the loitering is said to have happened.

The Magistrates Court generally hears these charges and sentences people found guilty.

Deciding on whether to plead guilty or not has huge consequences for you and should be made after proper discussion with a criminal law solicitor.

The section that covers this offence is section 60B of the Crimes Act.

 

Further information on Loitering near schools

Possible Defences

In a case of Loitering near schools, the following defences may be applicable to the charge:

  • Claim of Right
  • Mental Impairment
  • Consent
  • Duress
  • Self Defence
  • Honest and Reasonable Mistake of Belief
  • Necessity
  • Impossibility
  • Lack of Intent
  • Charges are Statute Barred
  • Intoxication
  • Sudden or Extraordinary Emergency
  • Factual Dispute and Concept of Beyond Reasonable Doubt

Penalties

What penalties can be imposed for a charge of Loitering near schools?

  • Deferral of Sentencing
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment

Legislation

What is the legislation for the charge of Loitering near schools?

The legislation for this offence can be found on section 60B of Crimes Act 1958.

Case Studies

We currently have no available case studies for the charge of Loitering near schools.

Media Articles

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Further Info

Links to further information about the charge of Loitering near schools:

 

Need further legal advice on this charge?
Contact one of our barristers specialising in cases of Loitering Near Schools, Bill Doogue.