27Breach of order suspending sentence

27 Breach of order suspending sentence

(1)  [Section 27 Subsection (1) substituted by No. 76 of 2009, s. 32, Applied:01 Jan 2011] If it appears to an authorised person that, during the period an order suspending a sentence of imprisonment is in force in relation to an offender, the offender has breached a condition of the suspended sentence, the authorised person may apply to the court, which made the order suspending the sentence of imprisonment, for an order under this section.

(2)  [Section 27 Subsection (2) amended by No. 76 of 2009, s. 32, Applied:01 Jan 2011] The authorised person must give notice of the application under subsection (1) to the offender.

(3)  [Section 27 Subsection (3) substituted by No. 20 of 2013, s. 85, Applied:20 Jun 2013] The court may issue a warrant for the arrest of the offender if –

(a) the offender fails to appear at the hearing of the application; or

(b) the court is satisfied that reasonable efforts to give the offender notice of the application have been made but those efforts have been unsuccessful.

(4)  [Section 27 Subsection (4) substituted by No. 76 of 2009, s. 32, Applied:01 Jan 2011] If a court finds an offender guilty of an offence punishable by imprisonment committed during the period an order suspending a sentence of imprisonment is in force in respect of the offender (in this section called the "new offence"), an authorised person –

(a) may make an oral application to the court, while the offender is before the court in relation to the new offence, for an order under this section; and

(b) is to provide the offender in writing with the grounds for the oral application, if directed to do so by the court.

(4A)  [Section 27 Subsection (4A) inserted by No. 76 of 2009, s. 32, Applied:01 Jan 2011] If an application is made under to a court that is not the court that imposed the suspended sentence on the offender, the court hearing the application may do either of the following: