42AJBreach of condition of home detention order where offender found guilty of offence

42AJ Breach of condition of home detention order where offender found guilty of offence

[Section 42AJ Inserted by No. 51 of 2017, s. 14, Applied:14 Dec 2018]

(1)  If a court finds an offender guilty of an offence (in this section called the "new offence") committed during the operational period of a home detention order in relation to the offender, 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 the court to deal with the application 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.

(2)  If the court that finds an offender guilty of a new offence committed during the operational period of a home detention order is unable to immediately deal with an application to the court under subsection (1) , the court may adjourn the proceedings and either grant the offender bail or remand the offender in custody.

(3)  If an application under subsection (1) is made to a court that is not the court that imposed the home detention order on the offender, the court may –

(a) deal with the application under this section; or

(b) adjourn the proceedings to the court that made the order and either grant the offender bail or remand the offender in custody.

(4)  The court to which an application is made under subsection (1) or, if the application is adjourned under subsection (3) to another court, that other court, must, if the new offence of which the offender to whom the order relates or related has been found guilty is not an offence that is punishable by imprisonment –

(a) confirm the home detention order, if it is still in force; or

(b) vary the home detention order, if it is still in force, by doing any one or more of the following:

(i) adding a special condition to the order;