39ABreach of community correction order

39A Breach of community correction order (1) If a justice of the peace is satisfied on information on oath that an offender has breached a condition of a community correction order, the justice of the peace may: (a) issue to the offender a summons to appear before a court on a date and at a time specified in the summons to show cause why the offender should not be further dealt with under this Division; or (b) if the justice of the peace is satisfied that the offender may not appear before the court in response to a summons – issue a warrant for the arrest of the offender. (2) The justice of the peace may issue the summons or warrant under subsection (1): (a) if the offender has breached a condition of the community correction order that is still in force; or (b) within 2 years after the community correction order ceases to be in force, if the offender had breached a condition of the order when it was in force. (3) If the offender fails to attend before the court in accordance with a summons, the court may issue a warrant for the offender's arrest. (4) A police officer who suspects on reasonable grounds the offender has breached a condition of the order may arrest the offender without a warrant. (5) A police officer may, using reasonable force if necessary, enter any place to arrest the offender. (6) For sections 137 and 138 of the Police Administration Act 1978, a breach of a condition of the order is taken to be an offence.

Sentencing Act 1995 21