108CBreach of conditional release order

#### 108C Breach of conditional release order 108C Breach of conditional release order > > (1) If it suspects that an offender may have failed to comply with any of the conditions of a conditional release order— > > > > > (a) the court that made the order, or > > > > > (b) any other court of like jurisdiction, or > > > > > (c) with the offender’s consent, any other court of superior jurisdiction, > > > > may call on the offender to appear before it. > > > (2) If the offender fails to appear, the court may— > > > > > (a) issue a warrant for the offender’s arrest, or > > > > > (b) authorise an authorised officer to issue a warrant for the offender’s arrest. > > > (3) If, however, at the time the court proposes to call on an offender to appear before it, the court is satisfied that the location of the offender is unknown, the court may immediately— > > > > > (a) issue a warrant for the offender’s arrest, or > > > > > (b) authorise an authorised officer to issue a warrant for the offender’s arrest. > > > (4) For the purposes of subsection (1) (c), a court is of superior jurisdiction to the court that made the conditional release order if it is a court to which the offender has (or has had) a right of appeal in respect of the conviction or sentence from which the order arises. > > > (5) If it is satisfied that an offender appearing before it has failed to comply with any of the conditions of a conditional release order, a court— > > > > > (a) may decide to take no action in respect of the failure to comply, or > > > > > (b) may vary or revoke any conditions of the order (other than standard conditions) or impose further conditions on the order, or > > > > > (c) may revoke the order. > > > (6) To avoid doubt, the court that made an order may deal with a breach of a conditional release order even though the court is constituted differently from the court as constituted at the time the order was made. > > > (6A) A court may exercise any function under this section in relation to a conditional release order after the order has expired, but only in respect of matters arising during the term of the order. > > > (7) In this section— > > > > authorised officer has the same meaning as it has in the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209). > > **s 108C:** Ins 2017 No 53, Sch 3 \[13\]. Am 2018 No 87, Sch 1.9 \[4\].