PENALTIES AND SENTENCES ACT 1992 - SECT 128
Summons or warrant for contravention of single community based order
PENALTIES AND SENTENCES ACT 1992 - SECT 128
Summons or warrant for contravention of single community based order
128 Summons or warrant for contravention of single community based order
(1) A justice, to whom it is made to appear on complaint by an authorised
corrective services officer, or a person authorised for this section by the
chief executive (corrective services), that an offender has committed an
offence against section 123(1) , may issue a summons requiring the offender
to appear before a court.
(2) If—
(a) a complaint under subsection (1) is
in writing and on oath; and
(b) the justice is satisfied that the offender
will not appear in answer to a summons;
the justice may, instead of issuing a
summons, issue a warrant directed to all police officers to arrest the
offender and bring the offender before a court.
(3) A court mentioned in
subsection (1) or (2) may be—
(a) the court that made the community based
order, if it was not a Magistrates Court; or
(b) a Magistrates Court.
(4) In
exercising a discretion under subsection (1) or (2) , the justice must have
regard to—
(a) the way in which the offender has contravened a requirement
of the community based order; and
(b) the original offence concerned; and
(c) whether the authorised corrective services officer intends to recommend to
the court before which the offender appears, or is brought, if the offender is
convicted, that the offender be dealt with as if the offender had just been
convicted of the offence for which the community based order was made.
(5) If
a summons or warrant is issued, the complainant must immediately forward the
complaint to the court before which the offender is required or directed to
appear or to be brought under the summons or warrant.