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](/view/html/inforce/current/act-1997-054) (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— > > > > > (a) issue a warrant for the person’s arrest, or > > > > > (b) authorise an authorised officer to issue a warrant for the person’s arrest. > > > (2) An authorised officer, or a member of the police force, may arrest a person in respect of whom a warrant has been issued under subsection (1) (d) or (1B), whether or not the warrant is in the possession of the officer or member of the police force at the time of arrest. > > > (3) A person who is arrested under this section shall be brought before— > > > > > (a) in the case of a person who is under the age of 21 years—the Children’s Court, or > > > > > (b) in the case of a person who is of or above the age of 21 years—the Local Court, > > > > to be dealt with under subsections (4)–(6). > > > (4) If a court other than the Children’s Court or Local Court made the order under section 33(1) providing for the person to enter into a good behaviour bond or be released on probation, or the order under section 33(1)(c1) providing that the person be released under section 33(1)(c1) on condition that the person complies with an outcome plan, the Children’s Court or Local Court may— > > > > > (a) order the person to be brought before the other court to be dealt with by the other court under subsection (5) or (6), or > > > > > (b) deal with the person under subsection (5) or (6). > > > (5) For an order under section 33(1) providing for the person to enter into a good behaviour bond or be released on probation, if a person is brought before a court and the court finds the person failed to comply with a condition of the good behaviour bond or probation, the court may do the following— > > > > > (a) decide to take no action, > > > > > (b) vary or revoke a condition of the good behaviour bond or probation, other than the condition under section 33(1A)(a) or (b), or impose a further condition, > > > > > (c) vary the period of the order, provided the new period is not more than 2 years from when the order under section 33(1) was made, > > > > > (d) revoke the order. > > > (6) For an order under section 33(1)(c1), if a person is brought before a court and the court finds the person failed to comply with the outcome plan, the court may do the following— > > > > > (a) decide to take no action, > > > > > (b) revoke the order. > > > (7) If a court revokes an order under subsection (5)(d) or (6)(b)— > > > > > (a) the court may deal with the person for the offence that resulted in the making of the order in the way the court could have dealt with the person if the order had not been made, or > > > > > (b) if the court is the Local Court—the court may deal with the person under paragraph (a) as if the person was at least 21 years of age when originally dealt with. > > > (8) A person on whom a penalty is imposed under subsection (7) has the same rights of appeal as if the penalty had been imposed when the order that was revoked under this section was made. > > **s 41:** Am 1998 No 53, Sch 2 \[3\]; 1999 No 40, Sch 1 \[1\]–\[5\]; 1999 No 94, Sch 4.4 \[12\]; 2001 No 121, Sch 2.38 \[16\]; 2007 No 94, Sch 2; 2010 No 63, Sch 1.4 \[1\] \[2\]; 2018 No 87, Sch 1.3; 2024 No 81, Sch 3\[2\] \[3\].