21ABreach of conditions on release

21A Breach of conditions on release

[Section 21A Inserted by No. 72 of 2005, s. 94, Applied:20 Feb 2006] [Section 21A Substituted by No. 21 of 2016, s. 10, Applied:11 Jul 2016]

(1)  If it appears that a person (the defendant) has breached the conditions on his or her release imposed under section 18(2)(e) or section 21(1)(e) , an application may be made to the court, which imposed the conditions, for an order under this section.

(2)  An application under subsection (1) may be made by any of the following:

(a) an authorised person;

(b) a police officer;

(c) a prosecutor;

(d) a probation officer, within the meaning of the Corrections Act 1997 ;

(e) [Section 21A Subsection (2) amended by No. 4 of 2023, s. 13, Applied:25 Sep 2023] the Chief Psychiatrist.

(3)  A person making an application under subsection (1) must give notice of the application to the defendant.

(4)  The court may issue a warrant for the arrest of the defendant if –

(a) the defendant fails to appear at the hearing of the application; or

(b) the court is satisfied that reasonable efforts to give the defendant notice of the application have been made but those efforts have been unsuccessful.

(5)  If a court finds a defendant guilty of an offence punishable by imprisonment committed while the defendant was on release subject to conditions imposed under section 18(2)(e) or section 21(1)(e) (in this section called the new offence), a person referred to in subsection (2)  –