42AWBreach of condition of community correction order where offender found guilty of offence

### 42AW Breach of condition of community correction order where offender found guilty of offence > [*\[Section 42AW Inserted by No. 51 of 2017, s. 15, Applied:14 Dec 2018\]*](/view/html/inforce/2018-12-14/act-2017-051#GS15@EN) > > > (1)  If a court finds an offender guilty of an offence (in this section called the "**new offence**") committed during the operational period of a community correction 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 an offence committed during the operational period of a community correction order is unable to immediately deal with an application to the court under [subsection (1)](#GS42AW@Gs1@EN) , 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)](#GS42AW@Gs1@EN) is made to a court that is not the court that imposed the community correction 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)  A court to which an application is made under [subsection (1)](#GS42AW@Gs1@EN) or, if the application is adjourned under [subsection (3)](#GS42AW@Gs3@EN) to another court, that other court, must – > > > > > > (a) confirm the community correction order, if it is still in force; or > > > > > > > (b) vary the community 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 it 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 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) cancel, if it considers it appropriate, 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 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.