109Breach of orders for release

#### 109 Breach of orders for release 109 Breach of orders for release > > (1) The President of the Tribunal may make an order for the apprehension of a person if it appears to the President that— > > > > > (a) the person has breached a condition of an order for the person’s conditional release under this Part, or > > > > > (b) the person has committed a breach of an order releasing the person from custody made by a court after a special verdict of act proven but not criminally responsible, or > > > > > (c) the person has breached a condition of leave of absence granted under this Part, or > > > > > (d) the person has been granted conditional release or leave of absence and has suffered a deterioration of mental condition and is at risk of causing serious harm to himself or herself or to any member of the public because of the person’s condition. > > > (2) An apprehension order authorises the detention of the person at the mental health facility, correctional centre, detention centre or other place specified in the order. > > > (3) The President of the Tribunal may, pending a review of a person who is apprehended, make one or more of the following orders— > > > > > (a) an order that the person continue to be given treatment in accordance with the order for the person’s conditional release, > > > > > (b) an order that the person be assessed by a medical practitioner, > > > > > (c) an order that the person be detained in a mental health facility for assessment and treatment. > > > (4) The Tribunal must review the case of a person apprehended under this section and may— > > > > > (a) order the person’s temporary detention, care or treatment in a mental health facility, correctional centre, detention centre or other place in the manner, specified in the order, or > > > > > (b) confirm the person’s release or leave, either unconditionally or subject to conditions, or > > > > > (c) revoke the order for release and order the person’s detention, care or treatment in a mental health facility, correctional centre, detention centre or other place in the manner, specified in the order. > > Note. > > The Tribunal may also make a community treatment order under Division 7.