Have you been charged with Loitering Near Schools etc.?
If so, there are some questions to be considered carefully before you decide how to proceed with your plea.
***Please be aware this section has now been repealed and the correct and current law exists under section s49N of the Crimes Act 1958 ***
The new section was introduced by the Crimes Amendment (Sexual Offences) Act 2016 (No. 47 of 2016) and came into operation on 1 July 2017.
This means that where the offence date predates 1 July 2017, the prosecution must proceed under the old section. The old section is s60B of the Crimes Act 1958, which has been repealed and no longer exists but is still relevant for old offences.
Questions to consider re the old charge;
- Can the prosecution make out its case?
- Have you previously been found guilty of a sexual offence?
- Were you loitering near a school, kindergarten, childcare centre or public place frequented by children?
You should discuss the answers to these questions with a specialist criminal lawyer as soon as possible.
Please read below for more information in relation to this charge.
The offence
Section 60B of the Crimes Act 1958.
The prosecution must prove:
The defendant has been found guilty of a sexual offence as defined in Section 60B(1) of the Crimes Act 1958; and
The defendant was found loitering in a place including:
A school
Kindergarten
Childcare centre
A public place frequented by children within the meaning of the Summary Offences Act 1966.
The maximum penalty
Level 6 imprisonment being a maximum of 5 years or a maximum of 600 penalty units.
Where will my case be heard?
Loitering Near Schools etc. will usually heard in the Magistrates’ Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult an experienced criminal lawyer urgently. Remember, adequate preparation is essential for a positive result.
If you have been charged with Loitering Near Schools etc. make an appointment to see one of our lawyers today.
The legislation
60B Loitering near schools etc.
(1) In this section, sexual offence means—
an offence against section 38, 39, 40, 44(1), 44(2), 44(4), 45, 47, 47A, 48, 49, 55 or 56; or
any offence specified in clause 7A, 7B, 8, 9, 10 or 12 of Schedule 8; or
(c) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraph (a) or (b).
(2) A person who—
(a) has been found guilty of—
(i) a sexual offence; or
(ia) an offence against—
(A) section 5, 6, 7 or 11 of the Sex Work Act 1994; or
(B) section 6, 7, 8 or 9 of the Prostitution Regulation Act 1986; or
(C) section 59(1)(a) or (b) or 60 inserted in this Act on 1 March 1981 by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991; or
(ii) murder where there are reasonable grounds to believe that a sexual offence was also committed on the victim; or
(iii) an offence against section 19 of the Summary Offences Act 1966; or
(iv) an offence against section 68, 69 or 70 or an offence of attempting to commit an offence against section 69; or
(v) an offence against—
(A) section 60A of the Classification of Films and Publications Act 1990; or
(B) section 168A, 168B or 168C of the Police Offences Act 1958—
as in force at any time before its repeal; and
(b) is found loitering without reasonable excuse in or near—
(i) a school, kindergarten or child care centre; or
(ii) a public place within the meaning of the Summary Offences Act 1966 regularly frequented by children and in which children are present at the time of the loitering—
is guilty of an offence.
(2A) An offence against subsection (2) is—
an indictable offence for which the offender is liable to level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) if at the time of the commission of the offence the offender had previously been sentenced as a serious sexual offender (within the meaning of Part 2A of the Sentencing Act 1991) for a sexual offence (within the meaning of that Part) or a violent offence (within the meaning of that Part); or
a summary offence for which the offender is liable to level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) in any other case.
(3) If a person has at any time been convicted of an offence against a law of another State or a Territory of the Commonwealth which creates an offence substantially similar to a sexual offence the conviction for the offence against that law must be taken for the purposes of this section to be a conviction of a sexual offence.
