Tasmanian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SENTENCING AMENDMENT (BREACHES OF HOME DETENTION ORDERS) ACT 2023 (NO. 31 OF 2023) - SECT 6

Section 42AI amended (Breach of condition of home detention orders)
Section 42AI of the Principal Act is amended by inserting after subsection (2A) the following subsections:
(2B)  Despite subsection (1) , an applicant may make an oral application under this section, in respect of a home detention order, to a court of petty sessions, the Supreme Court or the Court of Criminal Appeal if –
(a) the offender, to whom the home detention order relates, is appearing before the court; and
(b) the court considers the oral application appropriate in the circumstances.
(2C)  After receiving an oral application under subsection (2B) , the court may direct the applicant to provide the other parties to the application with the grounds, for the oral application, in writing.
(2D)  If an application is made, in accordance with subsection (2B) , to a court that is not the court that imposed the home detention order, the court may –
(a) deal with the application under this section; or
(b) adjourn the proceedings to the court that made the order and either grant the offender bail or remand the offender in custody.
(2E)  If proceedings for an application under this section are adjourned to a court under subsection (2D)(b) , a reference in this section to the court to which the application is made is taken, on and after the adjournment, to be a reference to the court to where the proceedings were so adjourned.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback