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] [Section 36 Subsection (4) substituted by No. 16 of 2006, s. 38, Applied:01 Nov 2006] [Section 36 Subsection (5) substituted by No. 16 of 2006, s. 38, Applied:01 Nov 2006] [Section 36 Subsection (6) substituted by No. 16 of 2006, s. 38, Applied:01 Nov 2006] [Section 36 Subsection (10) omitted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] [Section 36 Substituted by No. 76 of 2009, s. 33, Applied:01 Jan 2011]

(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) to the offender.

(3)  [Section 36 Subsection (3) substituted by No. 20 of 2013, s. 86, 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)  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