91Interim suspension of ICO

91 Interim suspension of ICO

91 Interim suspension of ICO

(1) On the application of the Commissioner, a judicial member of the Parole Authority—

(a) may make an order suspending an offender’s intensive correction order, and

(b) if the offender is not then in custody, may issue a warrant for the offender’s arrest.

(2) An application under subsection (1) may be made in person or by telephone, electronic mail or facsimile transmission.

(3) Action under subsection (1) may be taken in relation to an offender’s intensive correction order only if the judicial member is satisfied—

(a) that the Commissioner has reasonable grounds for believing that—

(i) the offender has failed to comply with the offender’s obligations under the intensive correction order, or

(ii) there is a serious and immediate risk that the offender will leave New South Wales in contravention of the conditions of the intensive correction order, or

(iii) there is a serious and immediate risk that the offender will harm another person, or

(iv) there is a serious and immediate risk that the offender will commit an offence, and

(b) that, because of the urgency of the circumstances, there is insufficient time for a meeting of the Parole Authority to be convened to deal with the matter.

(4) If an application under this section is made otherwise than in person, the judicial member may furnish the applicant with a suspension order or arrest warrant—

(a) by sending a copy of the order or warrant to the applicant by electronic mail or facsimile transmission, or

(b) by dictating the terms of the order or warrant to the applicant by telephone.

(5) A document—

(a) that contains—

(i) a copy of a suspension order or arrest warrant that the judicial member has sent by electronic mail or facsimile transmission, or

(ii) the terms of a suspension order or arrest warrant that the judicial member has dictated by telephone, and