South Australian Current Acts

SENTENCING ACT 2017 - SECT 116

116—Other non-pecuniary orders may be enforced by imprisonment

        (1)         If it appears to the court, by evidence given on oath, that a person has failed to comply with an order requiring the person to do some act (other than the performance of community service or the payment of a pecuniary sum), the court may—

            (a)         issue a notice requiring the person to appear before the court at the time and place specified in the notice to show cause why the person should not be dealt with for the default; or

            (b)         issue a warrant for the person's arrest.

        (2)         If a person fails to appear before the court as required by a notice issued under subsection (1), the court may issue a warrant for the person's arrest.

        (3)         If the court is satisfied that the person has failed to comply with the order, the court may sentence the person to such term of imprisonment (not exceeding 6 months) as the court thinks fit and issue a warrant of commitment accordingly.

        (4)         The court may, on issuing a warrant under subsection (3), direct that the imprisonment to which the person becomes liable by virtue of the warrant be cumulative on any other term of imprisonment being served, or to be served, by the person.