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SERIOUS SEX OFFENDERS MONITORING ACT 2005 (NO 1 OF 2005) - SECT 41 Procedure on breach offence

SERIOUS SEX OFFENDERS MONITORING ACT 2005 (NO 1 OF 2005) - SECT 41

Procedure on breach offence

    (1)     Despite anything to the contrary in the Magistrates' Court Act 1989

        (a)     on the filing of a charge referred to in section 40(1), an application under section 28(1) of that Act for the issue of a summons to answer to the charge or a warrant to arrest may be made to the registrar at any venue of the Magistrates' Court;

        (b)     a summons to answer to the charge issued on an application referred to in paragraph (a) must direct the defendant to attend to answer the charge at the court which made the extended supervision order;

        (c)     a warrant to arrest issued on an application referred to in paragraph (a) authorises the person to whom it is directed to bring the defendant when arrested before a bail justice or before the court which made the extended supervision order to be dealt with according to law.

    (2)     Despite anything to the contrary in any Act or rule of law, the Supreme Court or the County Court may, if the extended supervision order was made by it, grant a summary hearing of an offence against section 40(1) and, subject to any rules of court, the practice and procedure applicable in the Magistrates' Court to the summary hearing of indictable offences applies so far as is appropriate to the hearing of the offence.

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PART 5—MISCELLANEOUS