New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 41

41 Enforcement of conditions of good behaviour bond or probation or compliance with outcome plan

(1) If an authorised officer or a member of the police force informs an authorised justice that the officer or member of the police force, with reasonable cause, believes that a person--

(a) has entered into a good behaviour bond, or been released on probation, under section 33 (1), or been released under section 33 (1) (c1) on condition that the person complies with an outcome plan determined at a conference held under the Young Offenders Act 1997 (referred to in this section as the
"outcome plan" ), and

(b) has failed to comply with a condition of the person's good behaviour bond or probation, or has failed to comply with the outcome plan,

the authorised justice or another authorised justice--

(c) may issue a court attendance notice for the appearance of the person before--

(i) in the case of a person who is under the age of 21 years--the Children's Court, or

(ii) in the case of a person who is of or above the age of 21 years--the Local Court, or

(d) if the authorised justice is satisfied that the person is unlikely to appear in answer to a court attendance notice--may issue a warrant directing the arrest of the person,

as the authorised justice considers appropriate in the circumstances of the case.

(1A) Without limiting subsection (1), the Children's Court (in the case of a person who is under the age of 21 years) or the Local Court (in the case of a person who is of or above the age of 21 years) may call on a person to appear before it if the Court suspects that the person--

(a) has entered into a good behaviour bond, or been released on probation, under section 33 (1), or been released under section 33 (1) (c1) on condition that the person complies with an outcome plan, and

(b) has failed to comply with a condition of the person's good behaviour bond or probation, or has failed to comply with the outcome plan.

(1B) If the person fails to appear after being called to do so under subsection (1A), the Court may--

(a) issue a warrant for the person's arrest, or

(b) authorise an authorised officer to issue a warrant for the person's arrest.

(2) An authorised officer, or a member of the police force, may arrest a person in respect of whom a warrant has been issued under subsection (1) (d) or (1B), whether or not the warrant is in the possession of the officer or member of the police force at the time of arrest.

(3) A person who is arrested under this section shall be brought before--

(a) in the case of a person who is under the age of 21 years--the Children's Court, or

(b) in the case of a person who is of or above the age of 21 years--the Local Court,

to be dealt with in accordance with subsection (4) or (5), as the case may require.

(4) A person who is brought before the Children's Court shall, if it is proved that the person has failed to comply with a condition of the person's good behaviour bond or probation or has failed to comply with the outcome plan, be dealt with by the Children's Court in any manner in which the person could have been dealt with by the Children's Court in relation to the offence for which the person entered into the good behaviour bond or was released on probation or on condition that the person comply with the outcome plan, as the case may be.

(5) A person who is brought before the Local Court shall, if it is proved that the person has failed to comply with a condition of the person's good behaviour bond or probation or has failed to comply with the outcome plan, be dealt with by the Local Court in any manner in which the person could have been dealt with by the Local Court in relation to the offence for which the person entered the good behaviour bond or was released on probation or on condition that the person comply with the outcome plan, as the case may be, had the person been of or above the age of 21 years when the person was originally dealt with in relation to that offence.

(6) Despite subsections (3), (4) and (5), if the order under section 33 (1) that released the person on probation, or on condition that the person enter into good behaviour bond, or on condition that the person comply with the outcome plan, was made by a court other than the Children's Court or the Local Court, the Children's Court or the Local Court before which the person is brought under this section may (but is not obliged to) order that the person is to be brought before the court concerned to be dealt with by that court instead of the Children's Court or the Local Court.

(7) If a person is brought before a court other than the Children's Court or the Local Court pursuant to an order under subsection (6), the court concerned may deal with the person in any manner in which the person could have been dealt with by that court in relation to the offence for which the person entered the good behaviour bond or was released on probation or on condition that the person comply with the outcome plan, as the case may be.