8Conditions under which offender may be arrested

8 Conditions under which offender may be arrested

8 Conditions under which offender may be arrested

(1) A licence, granted to an habitual criminal under the provisions of section 7 of the Habitual Criminals Act 1905–1952 and in force immediately before the commencement of this Act, and the conditions endorsed thereon shall, notwithstanding anything contained in this Act, continue to have full force and effect until the period specified in the licence has expired and the licence shall be deemed to have been granted and the conditions shall be deemed to have been endorsed on the licence under the provisions of section 7 of this Act.

(2) If an habitual criminal or a former habitual criminal—

(a) is proved to the Local Court to have failed during the period endorsed on the licence held by such habitual criminal or previously held by such former habitual criminal to comply with a condition of such licence, or

(b) is convicted before the Local Court of any offence punishable on summary conviction for which imprisonment for a period exceeding three months may be imposed, such offence having been committed during the period endorsed on the licence held by such habitual criminal or previously held by such former habitual criminal, or

(c) is convicted before the Local Court of an indictable offence punishable summarily, such offence having been committed during the period endorsed on the licence held by such habitual criminal or previously held by such former habitual criminal,

then the Local Court shall, in addition to passing sentence upon such habitual criminal or former habitual criminal for any offence of which he or she is so convicted, by warrant commit such habitual criminal or former habitual criminal to appear at such sittings of the Supreme Court or the District Court as the Local Court may direct, and the provisions of the Criminal Procedure Act 1986, relating to warrants of commitment for trial, shall apply mutatis mutandis to any such warrant.

(3) If an habitual criminal or a former habitual criminal is convicted on indictment of an offence committed during the period endorsed on the licence held by such habitual criminal or previously held by such former habitual criminal then the judge before whom such habitual criminal or former habitual criminal is so convicted may, in addition to passing sentence upon such habitual criminal or former habitual criminal for that offence, deal with such habitual criminal or former habitual criminal as hereinafter in this section provided.