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Crimes (Sentence Administration) Act 2005
64Board powers—breach of intensive correction order
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64 Board powers—breach of intensive correction order
(1) This section applies if, after conducting an inquiry under section 62
(Board inquiry—breach of intensive correction order obligations) in
relation to an offender, the board is satisfied that the offender has
breached any of the offender’s intensive correction order obligations.
(2) The board may do 1 or more of the following:
(a) give the offender a warning about the need to comply with the
offender’s intensive correction order obligations;
(b) suspend the offender’s intensive correction order for—
(i) if the offender admits that the offender has breached an
obligation—3 days to be served by imprisonment by
full-time detention, but not past the end of the offender’s
(ii) in any other case—7 days to be served by imprisonment by
full-time detention, but not past the end of the offender’s
sentence;
(c) cancel the offender’s intensive correction order;
Note Section 65 requires a court to cancel the offender’s intensive
correction order in certain circumstances and s 66 requires the
board to cancel the order if the offender withdraws consent.
(d) refer the offender to a court for amendment or discharge of the
intensive correction order if the board decides that the offender
is unlikely to be able to serve the remainder of the order by
intensive correction, having regard to—
(i) the offender’s health; or
(ii) any exceptional circumstances affecting the offender.
(3) The board must not give more than 3 warnings under
subsection (2) (a) in a 12-month period.
(4) To remove any doubt, if an inquiry under section 62 in relation to an
offender is conducted in conjunction with another inquiry under this
Act in relation to the offender, the board may exercise its powers
under this division with any other powers of the board in relation to
the other inquiry.
Intensive correction orders—breach Division 5.6.2