CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 61 Arrest warrant—breach of intensive correction order

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 61

    (1)     A judge or magistrate may issue a warrant for an offender's arrest if satisfied, by information on oath that there are reasonable grounds for suspecting that the offender has breached, or will breach, any of the offender's intensive correction order obligations.

    (2)     The warrant must—

        (a)     be in writing signed by the judge or magistrate; and

        (b)     be directed to all police officers or a named police officer; and

        (c)     state briefly the matter on which the information is based; and

        (d)     order the arrest and bringing of the offender before the board or sentencing court.

    (3)     A police officer who arrests the offender under the warrant must, as soon as practicable, bring the offender before—

        (a)     the board; or

        (b)     if section 65 would apply because of the breach—the sentencing court.

    (4)     However, if the board or sentencing court is not sitting, the police officer must, as soon as practicable, bring the offender before a magistrate for a decision in relation to bail until the offender can be brought before the board or sentencing court.

Note     For remanding or granting bail to the offender, see the Bail Act 1992

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