sec.137Facilitation of proof

### sec.137 Facilitation of proof If an offender is before a court with a view to being dealt with for contravening a requirement in a community based order, then, subject to subsection (2) , the presumptions mentioned in subsection (3) are to be made. A presumption mentioned in subsection (3) may be made only if there is before the court— a complaint; or a statement purporting to be that of a person authorised by the chief executive (corrective services) to make the statement; that particularises matters relevant to the offender being so dealt with in the case in question. Until the contrary is proved, it must be presumed— that, under subsection (1) , the community based order alleged in the complaint or statement mentioned in subsection (2) was made as alleged for the offender before the court; and if the offender is before the court under subsection (1) —that the offender contravened the requirement, as alleged in the complaint or statement. s 137 amd 1999 No. 9 s 3 sch (sec.137-ssec.1) If an offender is before a court with a view to being dealt with for contravening a requirement in a community based order, then, subject to subsection (2) , the presumptions mentioned in subsection (3) are to be made. (sec.137-ssec.2) A presumption mentioned in subsection (3) may be made only if there is before the court— a complaint; or a statement purporting to be that of a person authorised by the chief executive (corrective services) to make the statement; that particularises matters relevant to the offender being so dealt with in the case in question. (sec.137-ssec.3) Until the contrary is proved, it must be presumed— that, under subsection (1) , the community based order alleged in the complaint or statement mentioned in subsection (2) was made as alleged for the offender before the court; and if the offender is before the court under subsection (1) —that the offender contravened the requirement, as alleged in the complaint or statement. - (a) a complaint; or - (b) a statement purporting to be that of a person authorised by the chief executive (corrective services) to make the statement; - (a) that, under subsection (1) , the community based order alleged in the complaint or statement mentioned in subsection (2) was made as alleged for the offender before the court; and - (b) if the offender is before the court under subsection (1) —that the offender contravened the requirement, as alleged in the complaint or statement.