Part 4Other community based sentences

Part 4—Other community based sentences Division 1—Purpose, interpretation and application 94—Purpose of Part The purpose of this Part is to provide a court with an option to impose a non‑custodial community based sentence on a defendant. 95—Interpretation and application of Part (1) In this Part, a reference to a bond under this Act is a reference to a bond under section 96 or 97, as the case requires. (2) The powers vested in a court by this Part— (b) are not exercisable in relation to— (i) murder or treason; or (ia) an offence involving a terrorist act; or (ii) any other offence in respect of which an Act expressly prohibits the reduction, mitigation or substitution of penalties or sentences. (3) In subsection (2)— terrorist act has the same meaning as in Part 5.3 of the Criminal Code of the Commonwealth. (4) For the purposes of this Part, a reference to an offence of murder includes— (a) an offence of conspiracy to murder; and (b) an offence of aiding, abetting, counselling or procuring the commission of murder. Division 2—Bonds, community service and supervision in community 96—Suspension of imprisonment on defendant entering into bond (1) Subject to this section, if a court has imposed a sentence of imprisonment on a defendant, the court may, if it thinks that good reason exists for doing so, suspend the sentence on condition that the defendant enter into a bond— (a) to be of good behaviour; and (b) to comply with the conditions of the bond referred to in subsection (2); and (c) to comply with any other conditions of the bond as the court thinks appropriate and specifies in the bond. (2) Subject to this Act, a bond under this section is subject to the following conditions: (a) a condition prohibiting the defendant from possessing a firearm or ammunition or any part of a firearm; (b) a condition requiring the defendant to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by a person or class of persons or body specified by the court. (3) A sentence of imprisonment may not be suspended under this section if the defendant is being sentenced— (a) to a sentence of imprisonment that is to be served cumulatively on another term of imprisonment, or concurrently with another term of imprisonment then being served, or about to be served, by the defendant; or (b) as an adult to a period of imprisonment of 2 years or more for a prescribed designated offence; or (ba) as an adult for a serious sexual offence; or (c) as an adult for a serious and organised crime offence or specified offence against police; or (d) as an adult for a designated offence and, during the 5 year period immediately preceding the date on which the relevant offence was committed, a court has suspended a sentence of imprisonment or period of detention imposed on the defendant for a designated offence. (4) Despite subsection (3)(a), if the period of imprisonment to which a defendant is liable under 1 or more sentences is more than 3 months but less than 12 months, the sentencing court may, by order— (a) direct that the defendant serve a specified period (being not less than 1 month) of the imprisonment in prison; and (b) suspend the remainder of the sentence on condition that the defendant enter into a bond of a kind described in subsection (1) that will have effect on the defendant's release from prison. (5) Despite subsection (3)(b), if a defendant is being sentenced as an adult to a period of imprisonment of 2 years or more for a prescribed designated offence, the sentencing court may, by order— (a) direct that the defendant serve a specified period of the imprisonment in prison (which, if a non‑parole period has been fixed in respect of the defendant, must be a period that is one‑fifth of the non‑parole period fixed); and (b) suspend the remainder of the sentence on condition that the defendant enter into a bond of a kind described in subsection (1) that will have effect on the defendant's release from prison. (6) Despite subsection (3)(c) and (d), the court may, if satisfied that exceptional circumstances exist for doing so— (a) suspend a sentence of imprisonment imposed on a defendant for a serious and organised crime offence or specified offence against police, or for a designated offence in the circumstances described in subsection (3)(d), on condition that the defendant enter into a bond of a kind described in subsection (1); or (b) make an order under subsection (4) in respect of a defendant being sentenced for a serious and organised crime offence or specified offence against police, or for a designated offence in the circumstances described in subsection (3)(d), if the period of imprisonment to which the defendant is liable under 1 or more sentences is more than 3 months but less than 12 months. (8) If a probationer under a bond entered into under this section complies with the conditions of the bond, the sentence of imprisonment is, on the expiration of the bond, wholly extinguished. (9) In this section— (a) an offence under section 13 or 13A; (b) an offence under section 19; (c) an offence under section 19AA; (d) an offence under section 19AC; (e) an offence under section 19A; (f) an offence under section 23 or 24; (g) an offence under section 29A; (ga) an offence against section 20AA(1), (2) or (4); (h) an offence under section 39; (j) an offence under section 137; (k) an offence under section 170; (l) an offence under section 270B if the offence against the person to which that section applies is a relevant offence referred to in a preceding paragraph; foster parent, of a child, includes— (a) an approved carer of the child; and (b) a person in whose care the child is placed under section 77 of the Children and Young People (Safety) Act 2017; prescribed designated offence means an offence under section 13 or 23 of the Criminal Law Consolidation Act 1935; (i) an offence under section 83E; (ii) an aggravated offence under section 172 or 251, where the aggravating circumstances of the offence are the circumstances referred to in section 5AA(1)(ga)(i) or (ii) of that Act; (iii) an offence under section 244 or 245; or (i) an offence under section 32(1); (ii) an aggravated offence under section 32(2), 32(2a) or 32(3); (iii) an offence under section 33(1); (iv) an aggravated offence under section 33(2) or 33(3); (v) an aggravated offence under section 33A(1), 33A(2), 33A(3), 33A(4) or 33A(5); (vi) an offence under section 33F, 33G or 33H; (a) — (i) any of the following offences under the Criminal Law Consolidation Act 1935 where the maximum penalty prescribed for the offence is, or includes, imprisonment for at least 5 years: (A) an offence under section 48 (rape); (B) an offence under section 48A (compelled sexual manipulation); (C) an offence under section 50 (persistent sexual abuse of a child); (D) an offence under section 51 (sexual exploitation of person with a cognitive impairment); (E) an offence under section 59 (abduction); (F) an offence under section 60 (procuring sexual intercourse); (G) an offence under section 66 (sexual servitude and related offences); (H) an offence under section 67 (deceptive recruiting for commercial sexual services); (I) an offence under section 68 (use of children in commercial sexual services); (J) an offence under section 72 (incest); (K) an offence against a corresponding previous enactment substantially similar to an offence referred to in any of the preceding subsubparagraphs; (L) an attempt to commit or an assault with intent to commit any of the offences referred to in any of the preceding subsubparagraphs; or (ii) any of the following offences under the Criminal Law Consolidation Act 1935 where the maximum penalty prescribed for the offence is, or includes, imprisonment for at least 5 years: (A) an offence under section 49 (unlawful sexual intercourse), other than an offence that occurred in prescribed circumstances; (B) an offence under section 56 (indecent assault), other than an offence that occurred in prescribed circumstances; (C) an offence under section 58 (gross indecency), other than an offence that occurred in prescribed circumstances; (D) an offence under section 63 (production or dissemination of child exploitation material), other than an offence that occurred in prescribed circumstances; (E) an offence under section 63B (procuring child to commit an indecent act etc), other than an offence that occurred in prescribed circumstances; or (iii) an offence against a corresponding previous enactment substantially similar to an offence referred to in either of the preceding subparagraphs; or (iv) an attempt to commit or an assault with intent to commit any of the offences referred to in any of the preceding subparagraphs; or (a) an aggravated offence under section 23(1) or 23(3) of the Criminal Law Consolidation Act 1935 where the aggravating circumstances of the offence are the circumstances referred to in section 5AA(1)(c) of that Act and the victim is a police officer; or (b) an offence of attempted murder or attempted manslaughter under the Criminal Law Consolidation Act 1935 where the victim is a police officer and the offender committed the offence— (ii) in retribution for something the offender knows or believes to have been done by the victim in the course of the victim's official duty. (10) For the purposes of this section, an offence occurred in prescribed circumstances if— (a) the defendant was, at the time of the offence, 20 years of age or less; and (b) the circumstances of the offending, including the victim's age and the age difference between the defendant and the victim, are such that it is appropriate that the sentence be suspended; and (c) the defendant was not, at the time of the offence, a person in a position of authority in relation to the victim. (10a) If— (a) the defendant commits an offence under section 63B(3) of the Criminal Law Consolidation Act 1935; and (b) by reason of that offence, the defendant is taken to have committed a serious sexual offence for the purposes of this section; and (c) the victim of the offence is a fictitious person represented to the defendant as a real person, the court may, in considering the circumstances of the offending for the purposes of subsection (10)(b) in relation to the victim's age and the age difference between the defendant and the victim, take into consideration the age that the defendant believed the victim to be at the time of the offence. (11) For the purposes of subsection (10), a person is in a position of authority in relation to a victim (the child) if— (a) the person is a teacher and the child is a pupil of the teacher or of a school at which the teacher works; or (b) the person is a parent, step-parent, guardian or foster parent of the child or the de facto partner or domestic partner of a parent, step-parent, guardian or foster parent of the child; or (c) the person provides religious, sporting, musical or other instruction to the child; or (d) the person is a religious official or spiritual leader (however described and including lay members and whether paid or unpaid) in a religious or spiritual group attended by the child; or (e) the person is a health professional or social worker providing professional services to the child; or (f) the person is responsible for the care of the child and the child has a cognitive impairment; or (g) the person is employed or providing services in a correctional institution (within the meaning of the Correctional Services Act 1982) or a training centre (within the meaning of the Young Offenders Act 1993), or is a person engaged in the administration of those Acts, acting in the course of the person's duties in relation to the child; or (h) the person is employed or providing services in a licensed children's residential facility (within the meaning of the Children and Young People (Safety) Act 2017), or a residential care facility or other facility established under section 36 of the Family and Community Services Act 1972, or is a person engaged in the administration of those Acts, acting in the course of the person's duties in relation to the child; or (i) the person is an employer of the child or other person who has the authority to determine significant aspects of the child's terms and conditions of employment or to terminate the child's employment (whether the child is being paid in respect of that employment or is working in a voluntary capacity). (12) A description of an offence appearing in brackets in this section is for convenience of reference only. 97—Discharge of other defendants on entering into good behaviour bond (1) If a court finds a person guilty of an offence, the court may, if it thinks that good reason exists for doing so, discharge the defendant with or without recording a conviction, and without imposing any other penalty, on condition that the defendant enter into a bond— (a) to be of good behaviour; and (b) to comply with the other conditions (if any) included in the bond; and (c) if the terms of the bond so require, to appear before the court for sentence, or conviction and sentence, if the defendant fails during the term of the bond to comply with a condition of the bond. (2) However, if the defendant is not to be so required to appear before the court, the court cannot impose any conditions under subsection (1)(b). (3) If a defendant is discharged on a bond under this section— (a) no fresh prosecution may be commenced in respect of the offence; and (b) the defendant will only be liable to sentence, or conviction and sentence, if the defendant fails to comply with a condition of the bond and the terms of the bond require the defendant to appear before the court for sentencing in that event. 98—Conditions of bonds under this Act (1) Subject to this Act, a bond under this Act may include such of the following conditions as the court thinks appropriate and directs be included: (a) a condition requiring the defendant to be under the supervision of a community corrections officer for a specified period; (b) a condition requiring the defendant to reside with a specified person or in a specified place or area; (c) a condition requiring the defendant not to reside with a specified person or in a specified place or area; (d) a condition requiring the defendant to perform a specified number of hours of community service; (e) a condition requiring the defendant to undertake an intervention program; (f) a condition requiring the defendant to undergo medical or psychiatric treatment in accordance with the terms of the bond; (g) a condition requiring the defendant to abstain from drugs of a specified class (including alcohol); (h) a condition requiring the person to submit to such tests (including testing without notice) relating to drug use as a community corrections officer may reasonably require; (i) a condition requiring the defendant— (i) to restore misappropriated property to any person apparently entitled to possession of it; or (ii) to pay compensation of a specified amount to any person for injury, loss or damage resulting from the offence; (j) a condition requiring the defendant to attend and complete, within the term of the bond or such lesser period as the court may specify, a specified education program approved by the Attorney‑General for the offence of which the defendant has been found guilty; (k) a condition requiring the defendant to comply with— (i) regulations (if any) made for the purposes of this section; or (ii) the lawful directions of the CE; (l) any other condition that the court thinks appropriate and specifies in the bond. (2) A court must not include a condition (whether under this or any other section) requiring the defendant to reside with a specified person or in a specified place unless the court is satisfied that accommodation is available for the defendant with that person or in that place and that the accommodation is suitable in all the circumstances. (3) A court must not include a condition requiring the defendant to undergo specified medical or psychiatric treatment unless it is satisfied that treatment of the nature specified in the bond has been recommended for the defendant by a legally qualified medical practitioner and is available to the defendant. (4) The following provisions apply in relation to an education program approved or to be approved for the purposes of this section: (a) the Attorney‑General may approve such a program unconditionally or subject to such conditions as the Attorney‑General thinks fit and specifies in the instrument of approval; (b) the Attorney‑General may, by written notice to the program provider, revoke an approval or vary the conditions of an approval; (c) any fees for undertaking an approved education program are to be borne by the defendant, subject to any relief from payment given by the program provider in accordance with conditions imposed by the Attorney‑General under this subsection. (5) Before the court imposes a condition requiring a defendant to undertake an intervention program, the court must satisfy itself that— (a) the defendant is eligible for the services to be included on the program in accordance with applicable eligibility criteria (if any); and (b) the services are available for the defendant at a suitable time and place. (6) The court may make appropriate orders for assessment of a defendant to determine— (a) a form of intervention program that is appropriate for the defendant; and (b) the defendant's eligibility for the services included on the program, and may release the defendant on bail on condition that the defendant undertake the assessment as ordered. (7) A certificate apparently signed by— (a) an intervention program manager as to— (i) whether the services to be included on an intervention program are available for a particular person and, if so, when and where they will be available; or (ii) whether a particular person is eligible for the services to be included on the program; or (b) a community corrections officer as to whether a particular person has complied with conditions regulating the person's participation in an intervention program, is admissible as evidence of the matter so certified. 99—Term of bond Subject to this Act, a bond under this Act is effective for the term that is specified in the bond. 100—Guarantors etc (1) If the court thinks it appropriate— (a) a bond under this Act may oblige the defendant to pay a sum specified in the bond in the event of non‑compliance with a condition of the bond; and (b) the court may require the defendant to find 1 or more guarantors of such an obligation. (2) A court— (a) may require a defendant to find 1 or more persons to guarantee the defendant's compliance with the conditions of the bond; and (b) if such a requirement is made, must specify the amount that any such guarantor will be liable to pay in the event of the defendant's non‑compliance with a condition of the bond. 101—Court may direct person to surrender firearm etc (1) A probative court may, in relation to a bond that is subject to the condition imposed by section 96(2)(a), direct the probationer to immediately surrender at a police station specified by the court any firearm, ammunition or part of a firearm owned or possessed by the probationer. (2) No criminal liability attaches to a person to the extent that the person is complying with a direction under this section. (3) The Commissioner of Police must deal with any surrendered firearm, ammunition or part of a firearm in accordance with the scheme set out in the regulations. (4) No compensation is payable by the Crown or any other person in respect of the exercise of a function or power under this section. (5) The regulations may provide for the payment, recovery or waiver of fees in respect of this section. 102—Court to provide CE with copy of court order If a defendant enters into a bond under this Act, the conditions of a bond are varied, the term of a bond is extended, or a bond is discharged, the court must notify the CE of the terms of the bond, variation or extension, or of the discharge, as the case may require. 103—Variation or discharge of bond (1) A probative court may, on the application of a probationer or the Minister for Correctional Services, vary or revoke a condition of a bond under this Act. (2) If, on an application for variation under subsection (1), a probative court extends, beyond the term of the bond, the period within which community service is to be performed by the probationer, the term of the bond is extended accordingly. (3) A probative court cannot extend the period within which community service is to be performed by more than 6 months. (4) A probative court may only vary or revoke the conditions imposed by section 96(2) on a bond if the court is satisfied, by evidence given on oath, that— (b) the possession of a firearm, ammunition or part of a firearm by the probationer does not represent an undue risk to the safety of the public. (5) Subject to subsection (6), if the Minister for Correctional Services is satisfied, on the application of a probationer— (a) that it is no longer necessary for the probationer to remain under supervision; and (b) that it would not be in the best interests of the probationer to remain under supervision, the Minister may, by instrument in writing, waive the obligation of the probationer to comply any further with the condition requiring supervision. (6) The Minister for Correctional Services must, before deciding whether to waive the obligation of a probationer to comply any further with a condition requiring supervision, take into account the likely impact on a victim to which this subsection applies if the probationer is no longer required to remain under supervision. (7) Subsection (6) applies to a victim in respect of whom a victim impact statement was provided to the sentencing court when the probationer was sentenced. (8) If a probative court is satisfied, on the application of a probationer, that it is no longer necessary for the probationer to remain subject to the bond, the court may, by order, discharge the bond. 104—Court to be notified if suitable community service placement not available (1) If the CE, on being notified that a court has made an order for community service or included in a bond a condition requiring the performance of community service, is of the opinion that suitable community service work cannot be found for the defendant, whether because of the defendant's physical or mental disability, the location of the defendant, or for some other reason, the CE must notify the court in writing of that fact. (2) On receiving a notification under subsection (1), the court may discharge the community service order or revoke the condition (as the case may be) and may require the defendant to appear before the court for further order. 105—Provisions relating to community service (1) The following provisions apply if a court imposes a sentence of community service, or includes in a bond a condition requiring the performance of community service: (a) the court must specify the number of hours of community service to be performed by the person to whom the sentence relates, being not less than 15 or more than 300; (b) the court must not specify a number of hours of community service to be performed by a person who is already performing, or is liable to perform, community service, where the aggregate of that number and the number of hours previously specified would exceed 300; (c) the court must specify a period, not exceeding 18 months, within which the community service is to be performed; (d) the person is required to report to a specified place not later than 2 working days after the date of the order unless, within that period, the person receives a notice from the CE to the contrary; (e) the person is required to perform community service for not less than 4 hours each week and on such day, or days, as the community corrections officer to whom the person is assigned may direct; (f) the person may not, except in circumstances approved by the Minister for Correctional Services, be required to perform community service for a continuous period exceeding 7.5 hours; (g) if on any day a period of community service is to exceed 4 continuous hours, the next hour must be a meal break; (h) the person may not be required to perform community service at a time that would interfere with the person's remunerated employment or with a course of training or instruction relating to, or likely to assist the person to obtain, remunerated employment, or that would cause unreasonable disruption of the person's commitments in caring for the person's dependants; (i) the person may not be required to perform community service at a time that would cause the person to offend against a rule of a religion that the person practises; (j) the attendance of the person at any educational or recreational course of instruction approved by the Minister for Correctional Services will be taken to be performance of community service; (k) the person will not be remunerated for the performance of community service under the order; (l) the person must obey the lawful directions of the community corrections officer to whom the person is assigned. (2) This section does not apply in relation to the performance of community service by a youth. 106—Provisions relating to supervision in the community (1) A court may, in addition to sentencing a defendant to community service— (a) order that the defendant be under the supervision of a community corrections officer for the duration of the sentence; and (b) make such other orders as the court thinks necessary for securing compliance with this Part. (2) The following provisions apply if a court makes an order, or includes a condition in a bond, requiring the person to whom the order or bond relates to be under the supervision of a community corrections officer: (a) the court must, in the case of a probationer, specify the period during which the probationer is to be under supervision; (b) the person is required to report to a specified place not later than 2 working days after the date of the order or bond unless, within that period, the defendant receives a notice from the CE to the contrary; (c) the person must obey the lawful directions of the community corrections officer to whom the person is assigned; (d) the person must not, during the period of supervision, leave the State for any reason except in accordance with the written permission of the CE. 107—CE must assign community corrections officer (1) The CE must, on receiving a copy of an order or a bond requiring supervision or the performance of community service (and may, after then, from time to time) assign the person to whom the bond or order relates to a community corrections officer. (2) The CE must ensure that the person is notified in writing of the name of the community corrections officer to whom the person has been assigned and, if necessary, of the place and time at which the person must first report to that officer. (3) It is the duty of a community corrections officer to endeavour to ensure that any person assigned to the officer complies with the conditions of the bond or order. 108—Community corrections officer to give reasonable directions (1) A community corrections officer responsible for supervising a person in the community— (a) must give reasonable directions to the person requiring the person to report to the officer on a regular basis; and (b) may give reasonable directions to the person— (i) requiring the person to notify the officer of any change in the person's place of residence or employment; or (ii) requiring the person to reside, or not to reside, in any particular place or area or with any particular person; or (iii) requiring the person to take up, or not to take up, any particular employment, to be punctual in reporting to work or not to give up some particular employment; and (c) may give the person other directions of a kind authorised by the Minister for Correctional Services, either generally or in relation to that person. (2) If the person is required to perform community service, the community corrections officer may also give reasonable directions to the person— (a) requiring the person to report to a community service centre or other place at certain times; or (b) requiring the person to perform certain projects or tasks as community service; or (c) requiring the person to undertake or participate in courses of instruction at a community service centre or other place; or (d) requiring the person to behave in a particular manner while undertaking community service. 110—Variation of community service order (1) If, on the application of a person required to perform community service under a bond or an order of a court, the Minister for Correctional Services is satisfied that— (a) the person will not complete the community service in the time provided for in the order or the bond; and (b) sufficient reason exists for the person not being able to complete the community service in the required time, the Minister may, by instrument in writing, extend the period within which the person must complete the performance of the community service. (2) The court that ordered a person to perform community service, or a court of coordinate jurisdiction, may, on application by the person or the Minister for Correctional Services, vary the terms of the order for community service, or vary or revoke an ancillary order. (3) The period within which community service must be performed cannot be extended under this section, whether by the Minister or the court, by a period exceeding 6 months, or periods that, in aggregate, exceed 6 months. (4) If the Minister extends the period within which a person must complete the performance of community service under an order or a bond, the order or bond will be taken to have been amended accordingly. (5) The Minister must notify the probative or sentencing court of any exercise of powers under subsection (1). 111—Power of Minister to cancel unperformed hours of community service (1) If, on the application of a person required to perform community service under a bond or an order of a court, the Minister for Correctional Services is satisfied that— (a) although some hours of community service remain unperformed, the person has substantially complied with the requirement; and (b) there is no apparent intention on the person's part to deliberately evade the person's obligations under the bond or order; and (c) sufficient reason exists for not insisting on performance of some or all of those hours, the Minister may, by instrument in writing, waive compliance with the requirement to perform those hours, or a specified number of them. (2) The Minister cannot exercise powers under subsection (1) to waive performance of more than 10 hours under the 1 bond or order. (3) The Minister must notify the probative or sentencing court of any exercise of powers under subsection (1). 112—Power of Minister in relation to default in performance of community service (1) If the Minister for Correctional Services is satisfied that a person who is required to perform community service has failed to obey a direction given by the community corrections officer to whom the person is assigned, the Minister, instead of commencing proceedings for breach of order or bond, may, by notice in writing served personally, increase the number of hours of community service that the person is required to perform. (2) If the Minister increases the hours of community service to be performed under an order or a bond, the order or bond will be taken to have been amended accordingly. (3) The number of hours of community service may not be increased under subsection (1) by more than 24 in aggregate, but such an increase may be made despite the fact that its effect is to increase the total number of hours to be performed beyond the normal limit. (4) If the Minister for Correctional Services is satisfied that a person has failed to comply with an order or a bond requiring performance of community service, the Minister may, by notice in writing served personally or by post, suspend the operation of the order or the relevant condition of the bond until proceedings for breach of the community service order or bond have been determined. Division 3—Enforcement of bonds, community service orders and other orders of a non‑pecuniary nature Subdivision 1—Bonds 113—Non‑compliance with bond (1) If it appears to a probative court, by evidence given on oath, that a probationer may have failed to comply with a condition of the probationer's bond, the court— (a) may— (i) issue a summons to the probationer requiring the probationer to appear before the court at the time and place specified in the summons; or (ii) issue a warrant for the probationer's arrest; and (b) may issue a summons to a guarantor. (2) If a person fails to appear before the court as required by a summons issued under this section, the court may issue a warrant for the person's arrest. (3) If a person is arrested pursuant to a warrant issued under this section, the person must be brought before the probative court or the Magistrates Court not later than the next working day and may be remanded in custody or released on bail pending determination of the proceedings. (4) If a probationer is found guilty of an offence by a court of a superior jurisdiction to that of the probative court, being an offence committed during the term of the bond, any proceedings for breach of condition arising out of the offence are to be taken in the court of superior jurisdiction. (5) If a probationer is found guilty of an offence by a court of an inferior jurisdiction to that of the probative court, being an offence committed during the term of the bond, the court of an inferior jurisdiction must— (a) sentence the probationer for the offence and remand the probationer to the probative court to be dealt with for breach of the conditions of the bond; or (b) remand the probationer to the probative court to be sentenced for the offence and dealt with for breach of the conditions of the bond. (6) The court dealing with a probationer for breach of condition must hear any evidence adduced tending to establish that the probationer has failed to comply with a condition of the bond and any evidence or representations that the probationer may wish to adduce or make in reply. (a) if the probative court is the Supreme Court—the District Court or the Magistrates Court; (b) if the probative court is the District Court—the Magistrates Court; (a) if the probative court is the Magistrates Court—the Supreme Court or the District Court; (b) if the probative court is the District Court—the Supreme Court. 114—Orders that court may make on breach of bond (1) If the court is satisfied that the probationer has failed to comply with a condition of the bond, the court— (a) may, if the bond requires the probationer to pay a sum in the event of non‑compliance with a condition of the bond, order the probationer to pay the whole or a part of that sum; or (b) may order a guarantor to pay the whole or a part of the amount due under the guarantee; or (c) may, if the probationer has not been sentenced for the original offence and the terms of the bond require the defendant to appear before the court for sentencing in the event of failure to comply with a condition of the bond— (i) sentence the probationer for the offence, or convict and sentence the probationer for the offence, as the case may require; or (ii) if the court is satisfied that the failure of the probationer to comply with the conditions of the bond was trivial or that there are proper grounds on which the failure should be excused, refrain from taking any action in respect of the failure; or (d) if the probationer has been sentenced to imprisonment for the original offence and that sentence has been suspended—must, subject to subsection (3), revoke the suspension and order that the sentence be carried into effect. (2) The court may not order a person to pay an amount pursuant to subsection (1)(a) unless the court is satisfied that— (a) the person has, or will within a reasonable time have, the means to pay the amount; and (b) payment of the amount would not unduly prejudice the welfare of dependants of the person. (3) If a probationer is subject to a suspended sentence of imprisonment and the court is satisfied that the failure of the probationer to comply with the conditions of the bond was trivial or that there are proper grounds on which the failure should be excused, the court may refrain from revoking the suspension and— (a) in the case of a bond requiring performance of community service—may— (i) extend the term of the bond by such period (not exceeding 12 months) as the court thinks fit; or (ii) extend the period within which any uncompleted hours of community service must be performed by not more than 6 months; or (iii) if the period within which the community service must be performed has expired, impose a period of not more than 6 months within which any uncompleted hours of community service must be performed; or (iv) cancel the whole or a number of any unperformed hours of community service; or (v) revoke or vary any other condition of the bond; and (b) in the case of any other bond—may— (i) extend the term of the bond by such period (not exceeding 12 months) as the court thinks fit; or (ii) impose a condition on the bond requiring the probationer to perform a specified number of hours of community service; or (iii) revoke or vary any other condition of the bond; and (c) if the bond has expired in any case—may require the probationer to enter into a further bond, the term of which must not exceed 12 months. (4) Section 105 applies in relation to a bond in respect of which a condition requiring the performance of community service is imposed under subsection (3)(b)(ii). (5) If a court revokes the suspension of a sentence of imprisonment, the court may make any of the following orders: (a) if it considers that there are special circumstances justifying it in so doing—an order reducing the term of the suspended sentence; (b) an order directing that time spent by the probationer in custody pending determination of the proceedings for breach of condition be counted as part of the term of the suspended sentence; (c) in the case of a probationer whose sentence of imprisonment was partially suspended under section 96(5) and even if the term of the sentence now to be served in custody is less than 12 months—an order fixing or extending a non‑parole period taking into account the time spent in custody by the probationer before being released on the bond; (e) an order directing that— (i) in the case of a sentence partially suspended under section 96(4) or (5)—any part of the sentence that the probationer has not served in custody; or (ii) in any other case—the suspended sentence, be cumulative on another sentence, or sentences, of imprisonment then being served, or to be served, by the probationer. (6) If a court other than the probative court sentences a probationer for the original offence, the court cannot impose a sentence that the probative court could not have imposed. Subdivision 2—Community service orders and other orders of a non‑pecuniary nature 115—Community service orders may be enforced by imprisonment (1) Subject to this section, an order requiring community service is enforceable by imprisonment in default of compliance. (2) The term of imprisonment to be served in default of compliance will be— (a) a term calculated on the basis of 1 day for each 7.5 hours of community service remaining to be performed under the order; or (b) 6 months, whichever is the lesser. (3) If it appears to the court, by evidence given on oath, that a person has failed to comply with an order requiring performance of community service, the court may— (a) issue a notice requiring the person to appear before the court at the time and place specified in the notice to show cause why a warrant of commitment should not be issued against the person for the default; or (4) If a person fails to appear before the court as required by a notice issued under subsection (3), the court may issue a warrant for the person's arrest. (5) If the court is satisfied that the person has failed to comply with the order requiring performance of community service— (a) the court may issue a warrant of commitment for the appropriate term of imprisonment fixed in accordance with subsection (2); but (b) if the person is a youth, the court may, instead of taking action under paragraph (a), make an order for home detention for a period fixed on the same basis. (6) The court may, on issuing a warrant under subsection (5), direct that the imprisonment to which the person becomes liable by virtue of the warrant be cumulative on any other term of imprisonment being served, or to be served, by the person. (7) Despite subsection (5), if the court is satisfied that the failure of a person to comply with an order requiring performance of community service was trivial or that there are proper grounds on which the failure should be excused, the court— (a) may refrain from issuing a warrant of commitment; and (b) may— (i) extend the term of the order by such period, not exceeding 6 months, as the court thinks necessary for the purpose of enabling the person to perform the remaining hours of community service (if any); (ii) if the order has expired, impose a further order, for a term not exceeding 6 months, requiring the person to perform the number of hours of community service unperformed under the previous order; (iii) cancel the whole or a number of the unperformed hours of community service under the order. (8) However, if the court is satisfied that the person who has failed to comply with the order requiring performance of community service has the means to pay a fine without the person or the person's dependants suffering hardship, the court may— (a) revoke the community service order; and (b) impose a fine not exceeding the maximum fine that may be imposed for the offence in respect of which the community service order was made (or, if the order was made in respect of more than 1 offence—the total of the maximum fines that may be imposed for the offences). (9) In imposing a fine under subsection (8), the court must take into account the number of hours of community service (if any) that the person performed under the revoked order. 116—Other non‑pecuniary orders may be enforced by imprisonment (1) If it appears to the court, by evidence given on oath, that a person has failed to comply with an order requiring the person to do some act (other than the performance of community service or the payment of a pecuniary sum), the court may— (a) issue a notice requiring the person to appear before the court at the time and place specified in the notice to show cause why the person should not be dealt with for the default; or (2) If a person fails to appear before the court as required by a notice issued under subsection (1), the court may issue a warrant for the person's arrest. (3) If the court is satisfied that the person has failed to comply with the order, the court may sentence the person to such term of imprisonment (not exceeding 6 months) as the court thinks fit and issue a warrant of commitment accordingly. (4) The court may, on issuing a warrant under subsection (3), direct that the imprisonment to which the person becomes liable by virtue of the warrant be cumulative on any other term of imprisonment being served, or to be served, by the person. 117—Registrar may exercise jurisdiction under this Division (1) Subject to rules of court or the regulations, the powers of a court under sections 115 and 116 are exercisable by— (a) if the person in relation to whom the powers are to be exercised is a youth—the Registrar of the Youth Court; (b) in any other case—a Registrar of the Magistrates Court. (2) Subject to rules of court or the regulations, a person who is aggrieved by a decision or order of a Registrar made under subsection (1) may apply in accordance with rules of court to the court for a review of the decision or order. (3) The court may, on completion of the review— (a) confirm the decision or order; (b) quash the decision or order and substitute any decision or order that could have been made in the first instance; (c) make any ancillary order (including an order as to costs) the court thinks fit. 118—Detention in prison If the court issues an order for detention of a youth or sentences a youth to detention under this Division— (a) where the youth is already in custody in a prison, the youth will serve the detention in a prison; or (b) where the youth has previously served a sentence of imprisonment or detention in a prison, the court may direct that the youth serve the detention in a prison, and the Correctional Services Act 1982 applies to and in relation to a youth serving detention in a prison under this section.