42Breach of probation order

### 42 Breach of probation order > [*\[Section 42 Subsection (4) substituted by No. 16 of 2006, s. 39, Applied:01 Nov 2006\]*](/view/html/inforce/2006-11-01/act-2006-016#GS39@EN) [*\[Section 42 Subsection (5) amended by No. 6 of 2005, s. 41, Applied:06 May 2005\]*](/view/html/inforce/2005-05-06/act-2005-006#GS41@Hpa@EN) [*\[Section 42 Subsection (5) substituted by No. 16 of 2006, s. 39, Applied:01 Nov 2006\]*](/view/html/inforce/2006-11-01/act-2006-016#GS39@EN) [*\[Section 42 Subsection (6) amended by No. 6 of 2005, s. 41, Applied:06 May 2005\]*](/view/html/inforce/2005-05-06/act-2005-006#GS41@Hpb@EN) [*\[Section 42 Subsection (6) substituted by No. 16 of 2006, s. 39, Applied:01 Nov 2006\]*](/view/html/inforce/2006-11-01/act-2006-016#GS39@EN) [*\[Section 42 Substituted by No. 76 of 2009, s. 34, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2009-076#GS34@EN) > > > (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)](#GS42@Gs1@EN) to the offender. > > > (3)  [*\[Section 42 Subsection (3) substituted by No. 20 of 2013, s. 87, Applied:20 Jun 2013\]*](/view/html/inforce/2013-06-20/act-2013-020#GS87@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 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 > > > > > > > (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)](#GS42@Gs4@EN) to a court that is not the court that imposed the probation 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 probation 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 the probation order, it may – > > > > > > (a) confirm the order as originally made; or > > > > > > > (b) increase the period during which the order has effect; or > > > > > > > (c) vary the special conditions to which the order is subject; or > > > > > > > (d) cancel the order and deal with the offender for the offence or offences in respect of which the order 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 > > > > > > > (e) 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 probation 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)  If the period during which a probation order has effect is increased under [subsection (6)](#GS42@Gs6@EN) , the court is not to extend that period so that it continues for more than the relevant period in [section 39](#GS39@EN) . > > > (8)  In determining how to deal with an offender who is found to have breached a probation order under this section, the court must take into account the extent to which the offender had complied with the probation order before committing the breach.