New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 16

16 Failure of defendant to comply with condition of order

(1) If a Magistrate suspects that a defendant has failed to comply with a condition of an order under section 14, the Magistrate may, within 12 months of the order being made, order the defendant to appear before the Magistrate.

(2) If the defendant fails to appear, the Magistrate may--

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

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

(3) If at the time the Magistrate proposes to make an order under subsection (1) the Magistrate is satisfied that the location of the defendant is unknown, the Magistrate may immediately--

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

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

(4) If a Magistrate discharges a defendant subject to a condition under an order, and the defendant fails to comply with the condition within 12 months of the discharge, the Magistrate may deal with the charge as if the defendant had not been discharged.