21ABreach of conditions on release

### 21A Breach of conditions on release > [*\[Section 21A Inserted by No. 72 of 2005, s. 94, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS94@EN) [*\[Section 21A Substituted by No. 21 of 2016, s. 10, Applied:11 Jul 2016\]*](/view/html/inforce/2016-07-11/act-2016-021#GS10@EN) > > > (1)  If it appears that a person (***the defendant***) has breached the conditions on his or her release imposed under [section 18(2)(e)](#GS18@Gs2@Hpe@EN) or [section 21(1)(e)](#GS21@Gs1@Hpe@EN) , an application may be made to the court, which imposed the conditions, for an order under this section. > > > (2)  An application under [subsection (1)](#GS21A@Gs1@EN) 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](/view/html/inforce/2026-04-12/act-1997-051) ; > > > > > > > (e) [*\[Section 21A Subsection (2) amended by No. 4 of 2023, s. 13, Applied:25 Sep 2023\]*](/view/html/inforce/2023-09-25/act-2023-004#GS13@EN) the Chief Psychiatrist. > > > (3)  A person making an application under [subsection (1)](#GS21A@Gs1@EN) 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)](#GS18@Gs2@Hpe@EN) or [section 21(1)(e)](#GS21@Gs1@Hpe@EN) (in this section called the ***new offence***), a person referred to in [subsection (2)](#GS21A@Gs2@EN)  – > > > > > > (a) may make an oral application to the court, while the defendant is before the court in relation to the new offence, for an order under this section; and > > > > > > > (b) is to provide the defendant in writing with the grounds for the oral application, if directed to do so by the court. > > > (6)  If an application is made under [subsection (5)](#GS21A@Gs5@EN) to a court that is not the court that imposed the conditions on the defendant, the court hearing the application may do either of the following: > > > > > > (a) deal with the application under this section; > > > > > > > (b) adjourn the application to the court that imposed the conditions and either grant the defendant bail or remand the defendant in custody. > > > (7)  If, on the hearing of an application under this section, the court is satisfied that the defendant has breached the conditions on his or her release, it may – > > > > > > (a) confirm the conditions as originally imposed; or > > > > > > > (b) impose new conditions on the defendant; or > > > > > > > (c) revoke the order imposing the conditions and deal with the defendant for the offence or offences in respect of which the order was made in any manner in which the court could deal with the defendant under [section 18(2)](#GS18@Gs2@EN) or [section 21(1)](#GS21@Gs1@EN) , as the case may be. > > > (8)  In determining how to deal with a defendant who is found to have breached the conditions of his or her release under this section, the court must take into account the extent to which the defendant had complied with the conditions before committing the breach.