sec.128Summons or warrant for contravention of single community based order

### sec.128 Summons or warrant for contravention of single community based order A justice, to whom it is made to appear on complaint by an authorised corrective services officer, or a person authorised for this section by the chief executive (corrective services), that an offender has committed an offence against section 123 (1) , may issue a summons requiring the offender to appear before a court. If— a complaint under subsection (1) is in writing and on oath; and the justice is satisfied that the offender will not appear in answer to a summons; the justice may, instead of issuing a summons, issue a warrant directed to all police officers to arrest the offender and bring the offender before a court. A court mentioned in subsection (1) or (2) may be— the court that made the community based order, if it was not a Magistrates Court; or a Magistrates Court. In exercising a discretion under subsection (1) or (2) , the justice must have regard to— the way in which the offender has contravened a requirement of the community based order; and the original offence concerned; and whether the authorised corrective services officer intends to recommend to the court before which the offender appears, or is brought, if the offender is convicted, that the offender be dealt with as if the offender had just been convicted of the offence for which the community based order was made. If a summons or warrant is issued, the complainant must immediately forward the complaint to the court before which the offender is required or directed to appear or to be brought under the summons or warrant. s 128 amd 1993 No. 36 s 2 sch 1 ; 1999 No. 9 s 3 sch ; 2000 No. 63 s 276 sch 2 ; 2004 No. 43 s 75 (sec.128-ssec.1) A justice, to whom it is made to appear on complaint by an authorised corrective services officer, or a person authorised for this section by the chief executive (corrective services), that an offender has committed an offence against section 123 (1) , may issue a summons requiring the offender to appear before a court. (sec.128-ssec.2) If— a complaint under subsection (1) is in writing and on oath; and the justice is satisfied that the offender will not appear in answer to a summons; the justice may, instead of issuing a summons, issue a warrant directed to all police officers to arrest the offender and bring the offender before a court. (sec.128-ssec.3) A court mentioned in subsection (1) or (2) may be— the court that made the community based order, if it was not a Magistrates Court; or a Magistrates Court. (sec.128-ssec.4) In exercising a discretion under subsection (1) or (2) , the justice must have regard to— the way in which the offender has contravened a requirement of the community based order; and the original offence concerned; and whether the authorised corrective services officer intends to recommend to the court before which the offender appears, or is brought, if the offender is convicted, that the offender be dealt with as if the offender had just been convicted of the offence for which the community based order was made. (sec.128-ssec.5) If a summons or warrant is issued, the complainant must immediately forward the complaint to the court before which the offender is required or directed to appear or to be brought under the summons or warrant. - (a) a complaint under subsection (1) is in writing and on oath; and - (b) the justice is satisfied that the offender will not appear in answer to a summons; - (a) the court that made the community based order, if it was not a Magistrates Court; or - (b) a Magistrates Court. - (a) the way in which the offender has contravened a requirement of the community based order; and - (b) the original offence concerned; and - (c) whether the authorised corrective services officer intends to recommend to the court before which the offender appears, or is brought, if the offender is convicted, that the offender be dealt with as if the offender had just been convicted of the offence for which the community based order was made.