CRIMES ACT 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

Division 5 - Conditional release on parole or licence  

Subdivision D - Discharge without conviction, conditional release and sentencing alternatives  

SECTION 20A   Failure to comply with condition of discharge or release  

(1)  
Where a person has been discharged in pursuance of an order made under subsection 19B(1) , or released in pursuance of an order made under subsection 20(1) , and information is laid before a magistrate alleging that the person has, without reasonable cause or excuse, failed to comply with a condition of the order, the magistrate may:


(a) issue a summons directing the person to appear, on a date, at a time and at a place fixed in the summons, before the court by which the order was made; or


(b) if the information is laid on oath and the magistrate is of the opinion that proceedings against the person by summons might not be effective - issue a warrant for the apprehension of the person.

(1A)  
Subsection (1) does not apply to a failure by a person to comply with a condition of an order (other than a failure constituted by the commission by the person of an offence) unless the information is laid before the end of the period for which the person is required by the order to give security to be of good behaviour.

(2)  
Where:


(a) a person who is served with a summons issued under subsection (1) fails to attend before the court as required by the summons; or


(b) a person who has been admitted to bail under subsection (4) fails to attend before the court as required by the conditions of his or her bail;

the court may, on proof of the service of the summons or of the admission of the person to bail, as the case may be, issue a warrant for the apprehension of the person.

(3)  
A warrant issued under subsection (1) or (2) shall authorize the apprehension of the person, the bringing of the person before the court as soon as practicable after his or her apprehension and the detention of the person in custody until he or she is released by order of the court or in accordance with subsection (4).

(4)  
Where a person is apprehended in pursuance of a warrant issued under subsection (1) or (2) and the court before which he or she is to be brought is not sitting at the time of his or her arrest, the person shall be brought before a magistrate, who may:


(a) admit the person to bail, on such recognizance (with or without sureties) as the magistrate thinks fit and on the condition that the person appears, on such date, at such time and at such place as the magistrate specifies, before that court; or


(b) direct that the person be kept in custody in accordance with the warrant.

(5)  
Where, in accordance with this section, a person who has been discharged in pursuance of an order made under subsection 19B(1) , or released in pursuance of an order made under subsection 20(1) , appears or is brought before the court by which the order was made, the court (whether or not constituted by the judge or magistrate who made the order), if it is satisfied that the person has, without reasonable cause or excuse, failed to comply with a condition of the order, may:


(a) in the case of a person who has been discharged in pursuance of an order made under subsection 19B(1) :


(i) revoke the order, convict the person of the offence or offences in respect of which the order was made and, subject to subsection (6), deal with the person, for that offence or those offences, in any manner in which he or she could have been dealt with for that offence or those offences if the order had not been made; or

(ii) take no action; or


(b) in the case of a person who has been released in pursuance of an order made under paragraph 20(1)(a) :


(i) without prejudice to the continuance of the order, impose a pecuniary penalty not exceeding 10 penalty units on the person;

(ii) revoke the order and, subject to subsection (6), deal with the person, for the offence or offences in respect of which the order was made, in any manner in which he or she could have been dealt with for that offence or those offences if the order had not been made and he or she was before the court for sentence in respect of the offence or offences; or

(iii) take no action; or


(c) in the case of a person who has been released by an order made under paragraph 20(1)(b) :


(ia) impose on the person a monetary penalty of not more than $1000; or

(ib) subject to subsection (5A), amend the order so as to extend the period for which the person is required to give security to be of good behaviour; or

(ic) revoke the order and make an order under section 20AB ; or

(i) revoke the order and deal with the person for the offence or offences in respect of which the order was made by ordering that the person be imprisoned for that part of each sentence of imprisonment fixed under paragraph 20(1)(b) that the person had not served at the time of his or her or her release; or

(ii) take no action.

(5A)  
The court may not, under subparagraph (5)(c)(ib), extend a period so that the period as extended would be more than 5 years.

(5B)  
If a court, under subparagraph (5)(c)(ib), amends an order made in respect of a person under paragraph 20(1)(b) , the security given by the person under that subsection is, by this section, taken to be a security that the person will be of good behaviour for the period stated in the order as amended.

(6)  
Where a person who has been discharged in pursuance of an order made under subsection 19B(1) , or released in pursuance of an order made under subsection 20(1) , is dealt with under subsection (5) for the offence or offences in respect of which the order was made, the court, in so dealing with the person, shall, in addition to any other matters that the court considers should be taken into account, take into account:


(a) the fact that the order was made;


(b) anything done under the order; and


(c) any other order made in respect of the offence or offences.

(7)  
Where a person who has been discharged in pursuance of an order made under subsection 19B(1) , or released in pursuance of an order made under subsection 20(1) , is dealt with under subsection (5) for the offence or offences in respect of which the order was made, the court may, in addition to dealing with him or her for that offence or those offences, order that any recognizance entered into by him, or by a surety for him, shall be estreated and any other security given by or in respect of him or her shall be enforced.

(8)  
Where a person who has been discharged in pursuance of an order made under subsection 19B(1) , or released in pursuance of an order made under subsection 20(1) , is dealt with under subsection (5) for the offence or offences in respect of which the order was made, there shall be such rights of appeal in respect of the manner in which the person is dealt with for that offence or those offences as there would have been if:


(a) in the case of a person who has been discharged in pursuance of an order made under subsection 19B(1) - the manner in which he or she is dealt with had been a sentence or sentences passed upon his or her conviction for the offence; or


(b) in the case of a person who has been released in pursuance of an order made under subsection 20(1) :


(i) the court had, immediately before so dealing with him, convicted him or her of the offence or offences; and

(ii) the manner in which he or she is dealt with had been a sentence or sentences passed upon that conviction.

(9)  
A pecuniary penalty imposed on a person by virtue of subparagraph (5)(b)(i) shall, for the purposes of the laws of the Commonwealth, and of the States and Territories, with respect to the enforcement and recovery of fines ordered to be paid by offenders, be deemed to be a fine imposed on the person upon his or her conviction for an offence against the law of the Commonwealth.




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