Northern Territory Consolidated Acts

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SENTENCING ACT 1995 - SECT 39A

Breach of community correction order

    (1)     If a justice of the peace is satisfied on information on oath that an offender has breached a condition of a community correction order, the justice of the peace may:

        (a)     issue to the offender a summons to appear before a court on a date and at a time specified in the summons to show cause why the offender should not be further dealt with under this Division; or

        (b)     if the justice of the peace is satisfied that the offender may not appear before the court in response to a summons – issue a warrant for the arrest of the offender.

    (2)     The justice of the peace may issue the summons or warrant under subsection (1):

        (a)     if the offender has breached a condition of the community correction order that is still in force; or

        (b)     within 2 years after the community correction order ceases to be in force, if the offender had breached a condition of the order when it was in force.

    (3)     If the offender fails to attend before the court in accordance with a summons, the court may issue a warrant for the offender's arrest.

    (4)     A police officer who suspects on reasonable grounds the offender has breached a condition of the order may arrest the offender without a warrant.

    (5)     A police officer may, using reasonable force if necessary, enter any place to arrest the offender.

    (6)     For sections 137 and 138 of the Police Administration Act 1978 , a breach of a condition of the order is taken to be an offence.



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