SENTENCING ACT 1991 - SECT 83AS Powers of the court on finding of guilt for contravention of community correction order

SENTENCING ACT 1991 - SECT 83AS

S. 83AS(1) amended by No. 48/2018 s. 81(1).

    (1)     Subject to subsection (1A), if a court finds a person guilty of an offence under section 83AD (in addition to sentencing the offender for the offence) the court must—

S. 83AS(1)(a) amended by No. 32/2013 s. 36.

        (a)     vary the order in any manner set out in section 48M(2)(d), (e), (f), (g) or (h); 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        (b)     confirm the order originally made; or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 (2), deal with the offender for the offence with respect to which the order was made in any manner in which the court could deal with the offender as if it had just found him or her guilty of that offence; or

        (d)     cancel the order and make no further order with respect to the offence with respect to which the order was originally made.

S. 83AS(1A) inserted by No. 48/2018 s. 81(2).

    (1A)     If an offence under section 83AD is constituted by a contravention of a mandatory treatment and monitoring order—

        (a)     subsection (1)(d) does not apply; and

        (b)     if the court varies the mandatory treatment and monitoring order, the order as varied must be as onerous as, or more onerous than, the order previously made; and

        (c)     if the court cancels the mandatory treatment and monitoring order, the court may impose only—

              (i)     a sentence of imprisonment; or

              (ii)     a mandatory treatment and monitoring order that is as onerous as, or more onerous than, the order previously made; or

              (iii)     an order under subparagraph (ii) in addition to a term of imprisonment in accordance with  section 44; or

              (iv)     a residential treatment order; or

              (v)     a Court Secure Treatment Order.

    (2)     A court, in determining how to deal with an offender under subsection (1), must take into account the extent to which the offender has complied with the order.

    (3)     The Secretary must disclose any direction he or she has given under Division 3 of Part 3C to a court making an assessment under subsection (2).

S. 83AS(4) inserted by No. 65/2011 s. 59.

    (4)     If the court finds a person guilty of an offence under section 83AD in respect of a community correction order and the person has paid a bond under a bond condition of the community correction order—

        (a)     if the court makes an order under subsection (1)(a) or (b), the court may order that all or a part of the bond is forfeited to the Crown; or

        (b)     if the court makes an order under subsection (1)(c), the court must order that all or part of the bond is forfeited to the Crown.

S. 83ASA inserted by No. 32/2013 s. 50 (as amended by No. 77/2013 s. 49).