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Children, Youth and Families Act 2005
419Provisions applicable to warrants
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419 Provisions applicable to warrants
The provisions of sections 57 to 65 and 73 to 78 of the **Magistrates' Court Act 1989** apply, with any necessary modifications, to warrants issued in respect of sentences alleged to have been breached as if a reference to bringing a person before the Magistrates' Court as soon as practicable were a reference to bringing a person before the Court as soon as practicable but not later than the next working day after the person is arrested and in the meantime placing the person as provided by this Act.
420 Bail
S. 420(1) amended by Nos 68/2009 s. 68(1)(m)(ii), 37/2014 s. 10(Sch. item 18.12).
S. 420(1)(a) amended by No. 68/2009 s. 68(1)(m)(i).
(a) a person has been arrested in accordance with a warrant issued in respect of an alleged breach of a sentence and it is not possible for the Court to hear immediately an application for breach of the sentence; or
S. 420(1)(b) amended by No. 68/2009 s. 68(1)(m)(i).
(b) a person has appeared before the Court in answer to a notice to appear served in respect of an alleged breach of a sentence and the Court adjourns the hearing of the application—
the Court or a bail justice or a police officer may grant bail and, subject to section 346, the **Bail Act 1977** applies, with any necessary modifications, as if a reference to a person accused of an offence or an accused were a reference to the person.
S. 420(2) amended by No. 52/2013 s. 52.
(2) If a person is refused bail, the person must be remanded in custody for a period not exceeding 21 clear days.