62Breach of order for release on adjournment

### 62 Breach of order for release on adjournment > > (1)  An authorised person who considers that an offender has failed without reasonable excuse to comply with a condition of an undertaking given under [section 7(f)](#GS7@Hpf@EN) may apply to the court that made the relevant order for the making of an order under this section. > > > (2)  Notice of the application is to be given to the offender. > > > (3)  The court may order that a warrant to arrest be issued against the offender if the offender does not attend before the court on the hearing of the application. > > > (4)  If, on the hearing of the application, the court is satisfied by evidence on oath or by affidavit or by the admission of the offender that the offender has failed without reasonable excuse to comply with a condition of the undertaking, it may – > > > > > > (a) confirm the order as originally made; or > > > > > > > (b) vary the order; or > > > > > > > (c) cancel the order if it is still in force and, whether or not the order is still in force, 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. > > > (5)  The court may, in addition to exercising its power under [subsection (4)](#GS62@Gs4@EN) , impose a fine of such amount as the court considers appropriate. > > > (6)  [*\[Section 62 Subsection (6) amended by No. 2 of 2017, s. 9, Applied:31 Mar 2017\]*](/view/html/inforce/2017-03-31/act-2017-002#GS9@EN) A fine imposed under this section is to be taken for all purposes to be a fine payable on a conviction of an offence or a finding of guilt in relation to an offence. > > > (7)  In determining how to deal with an offender following the cancellation by it of an order made under [section 7(f)](#GS7@Hpf@EN) , a court must take into account the extent to which the offender had complied with the order before its cancellation.