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KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

When the court imposes the temporary measures this provision names, whom must it notify, and what extra warning must the offender receive in one of those cases?

General information · Not legal advice

Material to check

In a practice file we read the court's record of the temporary measure to see which of the two measures named in this provision was imposed, the paper on which the offender designated a person to receive notice or any record showing a defence assistant was assisting, and any note of what the offender was told about appointing a lawyer and objecting.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading takes the notification duty as written: where the court has imposed either of the two named measures it must notify the child abuse offender's defence assistant if one exists, and if there is no assistant, the person the offender has designated.

Another reading separates the two duties: the notice of the fact goes to the assistant or the designated person, but the warning that the offender may appoint a lawyer or other assistant and may file an objection is given to the offender where the second of the two named measures was imposed.

Your judgment

If the offender had no defence assistant and designated no person, how could the file show how the fact of the measure was ever communicated?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We look at this again if the provision is amended to change who must be notified or to require notice to the offender personally, or if an appellate decision settles what follows when no person has been designated.

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