CRIMES ACT 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

Division 9 - Sentencing alternatives for persons suffering from mental illness or intellectual disability  

SECTION 20BW   Breach of psychiatric probation orders  

(1)  
Where an order has been made under section 20BV and information is laid before a magistrate, whether before or after the end of the period referred to in paragraph 20BV(3)(a) or (b), alleging that the person has, without reasonable 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, and at a time and 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 arrest of the person.

(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 that bail;

the court may issue a warrant for the arrest of the person.

(3)  
A warrant for the arrest of a person issued under subsection (1) or (2) also authorises the bringing of the person before the court as soon as practicable after the person's arrest and the detention of the person in custody until the person is released by order of the court or under subsection (4).

(4)  
Where a person is arrested under a warrant issued under subsection (1) or (2) and the court before which the person is to be brought is not sitting at the time of the arrest, the person must be brought before a magistrate who may:


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


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




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.