42Breach of probation order

42 Breach of probation order

[Section 42 Subsection (4) substituted by No. 16 of 2006, s. 39, Applied:01 Nov 2006] [Section 42 Subsection (5) amended by No. 6 of 2005, s. 41, Applied:06 May 2005] [Section 42 Subsection (5) substituted by No. 16 of 2006, s. 39, Applied:01 Nov 2006] [Section 42 Subsection (6) amended by No. 6 of 2005, s. 41, Applied:06 May 2005] [Section 42 Subsection (6) substituted by No. 16 of 2006, s. 39, Applied:01 Nov 2006] [Section 42 Substituted by No. 76 of 2009, s. 34, Applied:01 Jan 2011]

(1)  If it appears to an authorised person that, during the period a probation order is in force in relation to an offender, the offender has breached a condition of the probation order, the authorised person may apply to the court, which made the probation 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 42 Subsection (3) substituted by No. 20 of 2013, s. 87, 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 probation 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