423Proceedings for breach of sentence

423 Proceedings for breach of sentence

S. 423(1) amended by No. 68/2009 s. 68(1)(p).

(1) In this section, breach of a sentence includes default in the payment of a fine or of any instalment under an instalment order.

S. 423(2) amended by No. 68/2009 s. 68(1)(q)(i).

(2) A proceeding for breach of a sentence must be commenced in the Children's Court—

S. 423(2)(a) amended by No. 68/2009 s. 68(1)(q)(ii).

(a) whether the sentence was imposed by the Children's Court or by the Supreme Court or the County Court, on appeal or otherwise; and

(b) whether the person against whom the proceeding is commenced is aged 19 years or more.

S. 423(3) amended by No. 68/2009 s. 68(1)(r)(i).

(3) If the proceeding for breach of a sentence is against a child who is under the age of 19 years when the proceeding for breach is commenced, the Children's Court must hear and determine the proceeding unless—

S. 423(3)(a) amended by No. 68/2009 s. 68(1)(r)(ii).

(a) the sentence was imposed by the Supreme Court or the County Court and the child does not consent to the Children's Court hearing the proceeding for breach; or

S. 423(3)(b) amended by No. 68/2009 s. 68(1)(r)(iii).

(b) the Court considers that in all the circumstances of the case it is appropriate to transfer the proceeding to the court that imposed the sentence.

S. 423(4) amended by No. 68/2009 s. 68(1)(s).

(4) If the proceeding for breach of a sentence is against a person who is aged 19 years or more when the proceeding for breach is commenced, the Children's Court must transfer the proceeding (other than a proceeding for breach of an accountable undertaking) to the Magistrates' Court or to the court that imposed the sentence unless the Children's Court considers that in all the circumstances of the case it is appropriate for the Children's Court to hear and determine the proceeding, having regard to the matters referred to in subsection (5).

(5) For the purposes of subsection (4), the Court must have regard to—

(a) the age of the person;

(b) the nature and circumstances of the alleged breach;

(c) the stage of the proceeding for breach;

(d) whether the person is the subject of another proceeding in any other court;

S. 423(5)(e) amended by No. 68/2009 s. 68(1)(t).

(e) the availability of appropriate sentences in the other court if the breach were proved;

(f) whether the person prefers to be dealt with in the Children's Court or any other court;