sec.230Dealing with offences after enforcement of warrant

### sec.230 Dealing with offences after enforcement of warrant This section applies if— an offender is arrested on a warrant mentioned in section 229; and the offender is brought before a magistrate. The magistrate must— order that the record of the conviction for the offence be revoked; and For the effect of not recording a conviction, see section 12. vacate the offender’s intensive drug rehabilitation order; and deal with the offender according to law. Also, the magistrate must, under the Justices Act 1886 , section 113, commit the offender to the District Court for sentence if— the offence, in relation to which the intensive drug rehabilitation order for the offender was made, is a prescribed drug offence under the Drug Court Act; or the magistrate is satisfied, under the Criminal Code, section 552D, the offender, if dealt with under subsection (2)(c), may not be adequately punished on summary conviction. For the maximum penalty for indictable offences dealt with summarily, see the Criminal Code, section 552H. Subsection (3) applies even though the magistrate has not addressed the defendant as required under the Justices Act 1886 , section 104(2). To remove any doubt, it is declared that— the Bail Act 1980 applies to the offender; and the offender has pleaded guilty to the offence under the Drug Court Act, section 19(c). s 230 ins 2013 No. 29 s 59ZP (sec.230-ssec.1) This section applies if— an offender is arrested on a warrant mentioned in section 229; and the offender is brought before a magistrate. (sec.230-ssec.2) The magistrate must— order that the record of the conviction for the offence be revoked; and For the effect of not recording a conviction, see section 12. vacate the offender’s intensive drug rehabilitation order; and deal with the offender according to law. (sec.230-ssec.3) Also, the magistrate must, under the Justices Act 1886 , section 113, commit the offender to the District Court for sentence if— the offence, in relation to which the intensive drug rehabilitation order for the offender was made, is a prescribed drug offence under the Drug Court Act; or the magistrate is satisfied, under the Criminal Code, section 552D, the offender, if dealt with under subsection (2)(c), may not be adequately punished on summary conviction. For the maximum penalty for indictable offences dealt with summarily, see the Criminal Code, section 552H. (sec.230-ssec.4) Subsection (3) applies even though the magistrate has not addressed the defendant as required under the Justices Act 1886 , section 104(2). (sec.230-ssec.5) To remove any doubt, it is declared that— the Bail Act 1980 applies to the offender; and the offender has pleaded guilty to the offence under the Drug Court Act, section 19(c). - (a) an offender is arrested on a warrant mentioned in section 229; and - (b) the offender is brought before a magistrate. - (a) order that the record of the conviction for the offence be revoked; and Note— For the effect of not recording a conviction, see section 12. - (b) vacate the offender’s intensive drug rehabilitation order; and - (c) deal with the offender according to law. - (a) the offence, in relation to which the intensive drug rehabilitation order for the offender was made, is a prescribed drug offence under the Drug Court Act; or - (b) the magistrate is satisfied, under the Criminal Code, section 552D, the offender, if dealt with under subsection (2)(c), may not be adequately punished on summary conviction. Note— For the maximum penalty for indictable offences dealt with summarily, see the Criminal Code, section 552H. - (a) the Bail Act 1980 applies to the offender; and - (b) the offender has pleaded guilty to the offence under the Drug Court Act, section 19(c).