Tasmanian Numbered Acts

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SENTENCING AMENDMENT (BREACHES OF HOME DETENTION ORDERS) ACT 2023 (NO. 31 OF 2023) - SECT 8

Section 42AL amended (Power of arrest)
Section 42AL of the Principal Act is amended as follows:
(a) by omitting subsection (3) and substituting the following subsection:
(3)  A court, a magistrate or a justice may issue a warrant to arrest an offender to whom a home detention order relates if the court, magistrate or justice believes on reasonable grounds that the offender has breached, is breaching, or is about to breach, a condition of the order.
(b) by omitting from subsection (3A) "made by a court of petty sessions" ;
(c) by inserting in subsection (3A)(a) "a court," after "before" ;
(d) by omitting paragraph (b) from subsection (3A) and substituting the following paragraph:
(b) the court, magistrate or justice may –
(i) remand the offender in custody, or admit the offender to bail, to appear, at a time specified by the court, magistrate or justice, before a court so that the application under this Part or the breach of the condition of the home detention order, in relation to which the warrant was issued, may be dealt with; or
(ii) if the warrant was issued in respect of the breach of the home detention order, remand the offender in custody, or admit the offender to bail, and adjourn the proceedings to the court that made the order.



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