South Australian Current Acts South Australian Current Acts114—Orders that court may make on breach of bond
(1) If the court is
satisfied that the probationer has failed to comply with a condition of the
bond, the court—
(a) may,
if the bond requires the probationer to pay a sum in the event of
non-compliance with a condition of the bond, order the probationer to pay the
whole or a part of that sum; or
(b) may
order a guarantor to pay the whole or a part of the amount due under the
guarantee; or
(c) may,
if the probationer has not been sentenced for the original offence and the
terms of the bond require the defendant to appear before the court for
sentencing in the event of failure to comply with a condition of the
bond—
(i)
sentence the probationer for the offence, or convict and
sentence the probationer for the offence, as the case may require; or
(ii)
if the court is satisfied that the failure of the
probationer to comply with the conditions of the bond was trivial or that
there are proper grounds on which the failure should be excused, refrain from
taking any action in respect of the failure; or
(d) if
the probationer has been sentenced to imprisonment for the original offence
and that sentence has been suspended—must, subject to
subsection (3), revoke the suspension and order that the sentence be
carried into effect.
(2) The court may not
order a person to pay an amount pursuant to subsection (1)(a) unless the
court is satisfied that—
(a) the
person has, or will within a reasonable time have, the means to pay the
amount; and
(b)
payment of the amount would not unduly prejudice the welfare of dependants of
the person.
(3) If a probationer
is subject to a suspended sentence of imprisonment and the court is satisfied
that the failure of the probationer to comply with the conditions of the bond
was trivial or that there are proper grounds on which the failure should be
excused, the court may refrain from revoking the suspension and—
(a) in
the case of a bond requiring performance of community service—may—
(i)
extend the term of the bond by such period (not exceeding
12 months) as the court thinks fit; or
(ii)
extend the period within which any uncompleted hours of
community service must be performed by not more than 6 months; or
(iii)
if the period within which the community service must be
performed has expired, impose a period of not more than 6 months within
which any uncompleted hours of community service must be performed; or
(iv)
cancel the whole or a number of any unperformed hours of
community service; or
(v)
revoke or vary any other condition of the bond; and
(b) in
the case of any other bond—may—
(i)
extend the term of the bond by such period (not exceeding
12 months) as the court thinks fit; or
(ii)
impose a condition on the bond requiring the probationer
to perform a specified number of hours of community service; or
(iii)
revoke or vary any other condition of the bond; and
(c) if
the bond has expired in any case—may require the probationer to enter
into a further bond, the term of which must not exceed 12 months.
(4) Section 105
applies in relation to a bond in respect of which a condition requiring the
performance of community service is imposed under subsection (3)(b)(ii).
(5) If a court revokes
the suspension of a sentence of imprisonment, the court may make any of the
following orders:
(a) if
it considers that there are special circumstances justifying it in so
doing—an order reducing the term of the suspended sentence;
(b) an
order directing that time spent by the probationer in custody pending
determination of the proceedings for breach of condition be counted as part of
the term of the suspended sentence;
(c) in
the case of a probationer whose sentence of imprisonment was partially
suspended under section 96(5) and even if the term of the sentence now to
be served in custody is less than 12 months—an order fixing or extending
a non-parole period taking into account the time spent in custody by the
probationer before being released on the bond;
(e) an
order directing that—
(i)
in the case of a sentence partially suspended under
section 96(4) or (5)—any part of the sentence that the
probationer has not served in custody; or
(ii)
in any other case—the suspended sentence,
be cumulative on another sentence, or sentences, of imprisonment then being
served, or to be served, by the probationer.
(6) If a court other
than the probative court sentences a probationer for the original offence, the
court cannot impose a sentence that the probative court could not have
imposed.