South Australian Current Acts South Australian Current Acts83—Orders that court may make on breach of condition of
intensive correction order etc
(1) Subject to this
section, if the court that imposed an intensive correction order on a person
is satisfied that a person subject to an intensive correction order has
breached a condition of the order, the court must revoke the
intensive correction order and order that the balance of the sentence the
person was serving in the community be served in custody.
(2) Despite
subsection (1), if the court is satisfied that the failure of the person
to comply with the conditions of the intensive correction order was trivial or
there are proper grounds on which the failure should be excused, the
court—
(a) may
refrain from revoking the order; and
(b) may
vary the order (including by extending the term of the order but not so that
the order would exceed in aggregate a period of 2 years or imposing a
condition of home detention); and
(c) may
impose a further condition on, or revoke or vary a condition of, the order.
(3) If a court revokes
an intensive correction order for a breach of a condition of the order and
orders that the balance of the sentence be served in custody under
subsection (1)—
(a) the
balance of the sentence is the balance remaining as at the day on which the
breach was committed, but the court may reduce the sentence after taking into
account both of the following:
(i)
any period spent by the person subject to the
intensive correction order after the day on which the breach was committed
pending determination of the proceedings for the breach;
(ii)
any period spent by the person in custody pending
determination of the proceedings for the breach of condition; and
(b) the
court may direct that the sentence be cumulative on any other sentence, or
sentences, of imprisonment then being served, or to be served, by the person.
(3a) A reference in
subsection (3) to the day on which the breach (of a condition) was
committed will, in the case of proceedings relating to more than 1 breach, be
taken to be a reference to the day on which the first breach was committed.
(4) If the court
imposes a condition of home detention, the terms of the condition require the
defendant to reside in a specified place and to remain at that place for a
specified period (which may not exceed the balance of the term of the
sentence), not leaving it except for 1 of the following purposes:
(a)
attendance at remunerated employment at such times and places as are approved
from time to time by the community corrections officer to whom the person is
assigned;
(b)
urgent medical or dental treatment for the defendant;
(ba)
attendance at—
(i)
a place for the purpose of undergoing assessment or
treatment (or both) relating to the defendant's mental or physical condition;
or
(ii)
an intervention program; or
(iii)
any other course of education, training or instruction,
or other activity,
as approved or directed by the community corrections officer to whom the
person is assigned;
(c)
averting or minimising a serious risk of death or injury (whether to the
defendant or some other person);
(d) any
other purpose approved or directed by the community corrections officer to
whom the defendant is assigned.
(5) The court may, if
it thinks it is necessary to do so for the purpose of proceedings under this
section—
(a)
issue a summons to a person subject to an intensive correction order requiring
the person to appear before the court at the time and place specified in the
summons; or
(b)
issue a warrant for the person's arrest.
(6) A person who
appears before the court as required by a summons issued under this section
may be remanded in custody pending determination of the proceedings.
(7) If a person fails
to appear before the court as required by a summons issued under this section,
the court may issue a warrant for the person's arrest.
(8) If a person is
arrested pursuant to a warrant issued under this section, the person must be
brought before the court or the Magistrates Court not later than the next
working day and may be remanded in custody pending determination of the
proceedings.
(9) A warrant issued
under this section authorises the detention of the person in custody pending
appearance before the court.
(10) The obligations
of a person subject to an intensive correction order are suspended during any
period the person is in custody.
(11) If a person
subject to an intensive correction order is found guilty of an offence by a
court of a superior jurisdiction to that of the court that made the order,
being an offence committed during the period of the
intensive correction order, any proceedings for breach of condition arising
out of the offence are to be taken in the court of superior jurisdiction.
(12) If a person
subject to an intensive correction order is found guilty of an offence by a
court of an inferior jurisdiction to that of the court that made the order,
being an offence committed during the period of the intensive
correction order, the court of inferior jurisdiction must—
(a)
sentence the person for the offence and remand the person to the court that
made the intensive correction order to be dealt with for breach of condition
of the order; or
(b)
remand the person to the court that made the intensive correction order to be
sentenced for the offence and dealt with for breach of condition of the order.
(13) The court dealing
with a person for breach of condition of an intensive correction order must
hear any evidence adduced tending to establish that the person has failed to
comply with a condition of the order and any evidence or representations that
the person may wish to adduce or make in reply.
(14) In this
section—
"court of an inferior jurisdiction" means—
(a) if
the court that made the intensive correction order is the Supreme
Court—the District Court or the Magistrates Court;
(b) if
the court that made the intensive correction order is the District
Court—the Magistrates Court;
"court of a superior jurisdiction" means—
(a) if
the court that made the intensive correction order is the Magistrates
Court—the Supreme Court or the District Court;
(b) if
the court that made the intensive correction order is the District
Court—the Supreme Court.