41Enforcement of conditions of good behaviour bond or probation or compliance with outcome plan

41 Enforcement of conditions of good behaviour bond or probation or compliance with outcome plan

41 Enforcement of conditions of good behaviour bond or probation or compliance with outcome plan

(1) If an authorised officer or a member of the police force informs an authorised justice that the officer or member of the police force, with reasonable cause, believes that a person—

(a) has entered into a good behaviour bond, or been released on probation, under section 33 (1), or been released under section 33 (1) (c1) on condition that the person complies with an outcome plan determined at a conference held under the Young Offenders Act 1997 (referred to in this section as the outcome plan), and

(b) has failed to comply with a condition of the person’s good behaviour bond or probation, or has failed to comply with the outcome plan,

the authorised justice or another authorised justice—

(c) may issue a court attendance notice for the appearance of the person before—

(i) in the case of a person who is under the age of 21 years—the Children’s Court, or

(ii) in the case of a person who is of or above the age of 21 years—the Local Court, or

(d) if the authorised justice is satisfied that the person is unlikely to appear in answer to a court attendance notice—may issue a warrant directing the arrest of the person,

as the authorised justice considers appropriate in the circumstances of the case.

(1A) Without limiting subsection (1), the Children’s Court (in the case of a person who is under the age of 21 years) or the Local Court (in the case of a person who is of or above the age of 21 years) may call on a person to appear before it if the Court suspects that the person—

(a) has entered into a good behaviour bond, or been released on probation, under section 33 (1), or been released under section 33 (1) (c1) on condition that the person complies with an outcome plan, and

(b) has failed to comply with a condition of the person’s good behaviour bond or probation, or has failed to comply with the outcome plan.

(1B) If the person fails to appear after being called to do so under subsection (1A), the Court may—