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SENTENCING ACT 1995 - SECT 15 Breach of order for release on bond

SENTENCING ACT 1995 - SECT 15

Breach of order for release on bond

    (1)     Where, it appears to a prescribed person or a member of a prescribed class of persons, that an offender has failed without reasonable excuse to comply with a condition of an order made under section 11 or 13, he or she may apply in the prescribed form to the court which made the order for the making of an order under this section.

    (2)     Where an application is made under subsection (1):

        (a)     notice of the application must be given to the offender; or

        (b)     where a justice of the peace is satisfied that the offender has failed without reasonable excuse to comply with a condition of an order made under section 11 or 13 and that the offender may not appear, the justice of the peace may issue a warrant for the arrest of the offender.

    (3)     A court may order that a warrant to arrest the offender be issued where the offender does not attend before the court on the hearing of the application.

    (3AA)     A police officer who suspects, on reasonable grounds, that an offender has failed to comply with a condition of an order made under section 11 or 13 may, without warrant, arrest the offender.

    (3AB)     For the purposes of the application of sections 137 and 138 of the Police Administration Act 1978 , a failure to comply with a condition of an order made under section 11 or 13 is to be taken to be an offence.

    (3A)     Where a court is satisfied that an offender who is before the court has failed without reasonable excuse to comply with a condition of an order made by the court under section 11 or 13, the court may of its own motion make an order under this section.

    (3B)     Where the Local Court is satisfied that an offender who is before that Court has failed without reasonable excuse to comply with a condition of an order made by the Supreme Court under section 11 or 13, the Local Court may commit the offender to the Supreme Court to be dealt with by that Court under this section.

    (3C)     If the Supreme Court is satisfied an offender who is before that Court has failed without reasonable excuse to comply with a condition of an order made by the Local Court under section 11 or 13:

        (a)     for subsection (3A), the Supreme Court is taken to have made the order; and

        (b)     the Supreme Court may deal with the offender under this section.

    (4)     Where, on the hearing of an application under subsection (1) or on the hearing of its own motion under subsection (3A), a court is satisfied, by evidence on oath or by affidavit or by the admission of the offender, that the offender has failed without reasonable excuse to comply with a condition of the order, it may:

        (a)     vary the order; or

        (b)     confirm the order originally made; or

        (c)     cancel the order (if it is still in force) and, whether or not it is still in force, subject to subsection (5), deal with the offender for the offence or offences with respect to which the order was made in any manner in which the court could deal with the offender if it had just found the offender guilty of the offence or those offences.

    (5)     In determining how to deal with an offender under subsection (4)(c), a court must take into account the extent to which the offender had complied with the order before its cancellation or expiration.