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PART 10CRIMINAL JUSTICE

CHAPTER 2POWERS OF COURT ON CONVICTION

Public protection orders with and without restrictions

Section 167: the restriction condition

169.—(1) For the purposes of section 167 “the restriction condition” is that the court, having regard to all the circumstances and in particular to the matters mentioned in subsection (2), considers that making a public protection order with restrictions (rather than a public protection order without restrictions) is necessary for the protection of the public from serious physical or psychological harm.

(2) The matters are—

(a)the nature of the offence;

(b)the past history of the offender;

(c)the risk of physical or psychological harm to other persons if the offender were set at large.