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CRIMES ACT 1914 SECT 20BW
20BW Breach of psychiatric probation orders
- (1)
- Where an order has been made under section 20BV
and information is laid before a magistrate, whether
before or after the end of the period referred to in paragraph
20BV(3)(a) or (b), alleging that the person has,
without reasonable excuse, failed to comply with a
condition of the order, the magistrate may:
- (a)
- issue a summons directing the person to appear, on a
date, and at a time and place, fixed in the summons,
before the court by which the order was made; or
- (b)
- if the information is laid on oath and the
magistrate is of the opinion that proceedings against
the person by summons might not be effective—issue a
warrant for the arrest of the person.
- (2)
- Where:
- (a)
- a person who is served with a summons issued under
subsection (1) fails to attend before the court
as required by the summons; or
- (b)
- a person who has been admitted to bail under
subsection (4) fails to attend before the court
as required by the conditions of that bail;
the court may issue a warrant for the arrest of the person.
- (3)
- A warrant for the arrest of a person issued under
subsection (1) or
- (2)
- also authorises the bringing of the person before the
court as soon as practicable after the person's arrest and
the detention of the person in custody until the person is
released by order of the court or under subsection (4).
- (4)
- Where a person is arrested under a warrant issued under
subsection (1) or (2) and the court before which the
person is to be brought is not sitting at the time of the
arrest, the person must be brought before a magistrate who
may:
- (a)
- remand the person to bail on such recognizance (with
or without sureties) as the magistrate thinks fit and
on the condition that the person appears before the
court on such date, and at such time and place, as the
magistrate specifies; or
- (b)
- direct that the person be kept in custody in
accordance with the warrant.
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