42AVBreach of condition of community correction order

### 42AV Breach of condition of community correction order > [*\[Section 42AV Inserted by No. 51 of 2017, s. 15, Applied:14 Dec 2018\]*](/view/html/inforce/2018-12-14/act-2017-051#GS15@EN) > > > (1)  If it appears to an authorised person that, during the operational period of a community correction order in relation to an offender, the offender has breached a condition of the order, the authorised person may, during or after that period, apply to the court that made the order for the court to deal with the application under this section. > > > (2)  If the offender to whom an application relates is not before the court at the time at which the application is made, a copy of the application and notification of the time and place of the hearing of the application is to be served on the offender at least 7 days before the hearing. > > > (3)  If the offender to whom the application relates is before the court and the court is unable to immediately deal with the application, the court may adjourn the proceedings and either grant the offender bail or remand the offender in custody. > > > (4)  A court to which an application is made under [subsection (1)](#GS42AI@Gs1@EN) must, if the court finds that the offender has, during the operational period of the order, breached a condition of a community correction order in relation to the offender, other than a condition referred to in [section 42AO(a)](#GS42AO@Hpa@EN)  – > > > > > > (a) confirm the community correction order, if it is still in force; or > > > > > > > (b) vary thecommunity correction order, if it is still in force, by doing any one or more of the following: > > > > > > > > > > (i) adding a special condition to the order; > > > > > > > > > > > (ii) removing or altering a special condition of the order; > > > > > > > > > > > (iii) extending, subject to [section 42AQ](#GS42AQ@EN) *,* the operational period of the order; or > > > > > > > (c) if the community correction order is still in force – > > > > > > > > > > (i) cancel the order; and > > > > > > > > > > > (ii) deal with the offender, in respect of the offence or offences in relation to which the order was made, in any manner in which the court could deal with the offender had the court just found the offender guilty of that offence or those offences; or > > > > > > > (d) if the community correction order is still in force – > > > > > > > > > > (i) cancel the community correction order; and > > > > > > > > > > > (ii) if it considers it appropriate, cancel any other order in respect of the offence or offences in relation to which the community correction order was made; and > > > > > > > > > > > (iii) whether or not it cancels any other order, deal with the offender, in respect of the offence or offences in relation to which the community correction order was made, in any manner in which the court could deal with the offender had the court just found the offender guilty of that offence or those offences; or > > > > > > > (e) if the community correction order is not still in force – > > > > > > > > > > (i) if it considers it appropriate, cancel any other order in respect of the offence or offences in relation to which the community correction order was made; and > > > > > > > > > > > (ii) whether or not it cancels any other order, deal with the offender, in respect of the offence or offences in relation to which the community correction order was made, in any manner in which the court could deal with the offender had the court just found the offender guilty of that offence or those offences. > > > (5)  In determining how to deal with an offender under this section after the cancellation by the court of a community correction order or any other order under this section, the court must take into account the extent to which the offender had complied with the community correction order, or other order, respectively, before its cancellation or while it was still in force. > > > (6)  If – > > > > > > (a) an application is made under [subsection (1)](#GS42AI@Gs1@EN) in relation to an offender in respect of whom a community correction order is or was in force; and > > > > > > > (b) a court has found the offender guilty of an offence; and > > > > > > > (c) the offender has, in committing the offence, breached a condition, of a community correction order that is or was in force, that is specified in [section 42AO(a)](#GS42AO@Hpa@EN) ; and > > > > > > > (d) an application was not made under [section 42AW(1)](#GS42AW@Gs1@EN) in relation to the offence – > > > > the court to which the application is made under [subsection (1)](#GS42AI@Gs1@EN) must deal with the application as if the application were an application made to the court under [section 42AW(1)](#GS42AW@Gs1@EN) and the court were the court that found the offender guilty of the offence.