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SENTENCING ACT 1991 - SECT 48K

Judicial monitoring condition

    (1)     A court which is making a community correction order may attach a condition to the order directing that the offender be monitored by the court, if the court is satisfied that it is necessary for the court to review (during the course of the order) the compliance of the offender with the order.

    (2)     The court may make a direction for the following matters in a judicial monitoring condition

        (a)     a time or times at which the offender must re-appear before the court for a review under section 48L of the compliance of the offender with the order; and

        (b)     any information, report or test that must or may be provided in the course of a review under section 48L.

    (3)     A direction in a judicial monitoring condition made by the court under subsection (2)(a) or (b) is not to be taken to empower the medical testing of the offender or the making of a medical report as to the offender without the consent of the offender.

    (4)     A judicial monitoring condition attached to an order remains in force for the period specified by the court in the order, or, if no period is specified in the order, for the period of the order.

    (5)     Any proceeding where an offender re-appears before the court for review in accordance with a judicial monitoring condition may be conducted by the court constituted by the judicial officer who made the order or by the court constituted by another judicial officer.

S. 48L inserted by No. 65/2011 s. 21.



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