42Arrest for failure to appear at certain applications or for breach or suspected breach of HRO order

### 42 Arrest for failure to appear at certain applications or for breach or suspected breach of HRO order > > (1)  The Supreme Court may issue a warrant to arrest an offender if – > > > > > > (a) an application in relation to an offender is made or adjourned under this Part; and > > > > > > > (b) the application was not made by or on behalf of the offender; and > > > > > > > (c) either – > > > > > > > > > > (i) the offender fails to appear at the hearing of the application; or > > > > > > > > > > > (ii) reasonable efforts have been made to serve the application on the offender but have been unsuccessful. > > > (2)  Without limiting the generality of [subsection (1)(c)(ii)](#GS42@Gs1@Hpc@Hqii@EN) , reasonable efforts are to be taken to have been made to serve the application on an offender to whom an HRO order, or an interim HRO order, relates if a copy of the application is, during the operational period of the order, left at the premises which the person who made the application believes to be the premises at which the offender resides or was last known to reside. > > > (3)  If an offender to whom an HRO order, or an interim HRO order, relates is arrested under [subsection (1)](#GS42@Gs1@EN)  – > > > > > > (a) the offender is, as soon as practicable, to be brought before the Supreme Court; and > > > > > > > (b) the Supreme Court may remand the offender in custody, or on bail, to appear before the Court at a time specified by the Court for the Court to determine the application made to the Court under this Part. > > > (4)  A police officer who believes on reasonable grounds that the offender has breached, is breaching, or is about to breach, a condition of an HRO order, or an interim HRO order, may, for the purposes of making an arrest under [subsection (5)](#GS42@Gs5@EN) , enter and search any premises, motor vehicle, aircraft, or vessel, where the officer reasonably suspects the offender to be present. > > > (5)  A police officer may arrest an offender to whom an HRO order, or an interim HRO order, relates if the police officer believes on reasonable grounds that the offender has breached, is breaching, or is about to breach, a condition of the order.