Crimes (Sentencing) Act 2005

This section applies in relation to an offender subject to a treatment order if—

the offender has been arrested for breaching the treatment order obligations; and

The offender may be arrested under a warrant (see s 80ZJ) or without a warrant (see s 80ZK).

the offender has not been brought before the Supreme Court in relation to the arrest; and

the earliest practicable time the offender can be brought before the Supreme Court—

is not a day on which the Supreme Court is sitting; and

is a day on which a magistrate is sitting in relation to another proceeding before the Magistrates Court.

If the Magistrates Court is satisfied on the balance of probabilities that the offender has breached a condition of the treatment order, other than by the commission of an offence, the Magistrates Court may make 1 or more of the following orders:

an order giving the offender a warning about the need to comply with the offender’s treatment order obligations;

an order requiring the offender to comply with 1 or more of the conditions mentioned in section 80ZB (1) (d), as additional conditions to those imposed by the Supreme Court;

if the next day on which the Supreme Court is sitting is not more than 14 days after the day the Magistrates Court makes the order—an order temporarily cancelling the suspension of the sentence of imprisonment under the custodial part until the next day on which the Supreme Court is sitting.

If the Magistrates Court makes an order under subsection (2) (c), the order must state the next day on which the Supreme Court is sitting.

The Magistrates Court may make an order under this section on its own initiative or on application by—

the offender; or

the director of public prosecutions; or

a member of the treatment and supervision team; or

a person prescribed by regulation.

If the Magistrates Court makes an order under this section, the Magistrates Court must, as soon as practicable after the order is made, ensure that written notice of the order, together with a copy of the order, is given to—

the offender; and

each member of the treatment order team; and

any other person who the Magistrates Court considers should receive the notice.

Failure to comply with subsection (3) or (5) does not invalidate the treatment order.

If the Magistrates Court makes an order under subsection (2), the Supreme Court on the next day on which it is sitting—

must review the order; and

for an order made under subsection (2) (a) or (b)—must confirm, amend or revoke the order.

Nothing in this section prevents the Supreme Court—

making an order under section 80ZB in relation to the offender’s breach of the condition of their treatment order; or

reviewing the offender’s treatment order under section 80ZH.