36Breach of community service order

### 36 Breach of community service order > [*\[Section 36 Subsection (3A) inserted by No. 17 of 1999, s. 5, Applied:14 May 1999\]*](/view/html/inforce/1999-05-14/act-1999-017#GS5@EN) [*\[Section 36 Subsection (4) substituted by No. 16 of 2006, s. 38, Applied:01 Nov 2006\]*](/view/html/inforce/2006-11-01/act-2006-016#GS38@EN) [*\[Section 36 Subsection (5) substituted by No. 16 of 2006, s. 38, Applied:01 Nov 2006\]*](/view/html/inforce/2006-11-01/act-2006-016#GS38@EN) [*\[Section 36 Subsection (6) substituted by No. 16 of 2006, s. 38, Applied:01 Nov 2006\]*](/view/html/inforce/2006-11-01/act-2006-016#GS38@EN) [*\[Section 36 Subsection (10) omitted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2007-072#JS1@Ja35@GC3@EN) [*\[Section 36 Substituted by No. 76 of 2009, s. 33, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2009-076#GS33@EN) > > > (1)  If it appears to an authorised person that, during the period a community service order is in force in relation to an offender, the offender has breached a condition of the community service order, the authorised person may apply to the court, which made the community service order, for an order under this section. > > > (2)  The authorised person must give notice of the application under [subsection (1)](#GS36@Gs1@EN) to the offender. > > > (3)  [*\[Section 36 Subsection (3) substituted by No. 20 of 2013, s. 86, Applied:20 Jun 2013\]*](/view/html/inforce/2013-06-20/act-2013-020#GS86@EN) 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)  If a court finds an offender guilty of an offence punishable by imprisonment committed during the period a community service order 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. > > > (5)  If an application is made under [subsection (4)](#GS36@Gs4@EN) to a court that is not the court that imposed the community service order on the offender, the court hearing the application may do either of the following: > > > > > > (a) deal with the application under this section; > > > > > > > (b) adjourn the application to the court that imposed the community service order and either grant the offender bail or remand the offender in custody. > > > (6)  If, on the hearing of an application under this section, the court is satisfied that the offender has breached a community service order, it may – > > > > > > (a) confirm the order as originally made; or > > > > > > > (b) increase the number of hours of community service that the offender is required to perform under the order; or > > > > > > > (c) cancel the order and deal with the offender for the offence or offences in respect of which it was made in any manner in which the court could deal with the offender had it just found the offender guilty of that offence or those offences; or > > > > > > > (d) cancel the order and, if it considers it appropriate, any other order made by the court in respect of the offence in respect of which the community service order was made, and deal with the offender for that offence in any manner in which the court could deal with the offender had it just found the offender guilty of that offence. > > > (7)  In determining how to deal with an offender who is found to have breached a community service order under this section, the court must take into account the extent to which the offender had complied with the community service order before committing the breach.