Crimes (Sentencing Procedure) Act 1999

This clause applies to—

warrants issued under clause 80, and

warrants referred to in clause 81.

A police officer who arrests or has custody of the offender named in a warrant to which this clause applies may convey the offender to the correctional centre named in the warrant and deliver the offender into the custody of the governor of that correctional centre.

The Commissioner must notify the court that sentenced the offender, or a court of equivalent jurisdiction, within 14 days that the offender has been received into the custody of the governor of that correctional centre.

On receiving notice from the Commissioner under subclause (3), the court must direct the Commissioner to cause the offender to be brought before the court to be re-sentenced on a date to be fixed by the court.

Proceedings under this clause are taken to be proceedings for the administration of sentence for the purposes of clause 1 of Schedule 1 to the Bail Act 2013.

The following information, if available, about the offender is, at the request of the court, to be provided by the Commissioner—

a copy of the relevant assessment report, offender declaration and periodic detention order,

details of the offender’s compliance with the requirements of the periodic detention order,

the number of detention periods completed and outstanding,

relevant circumstances of any breach of the periodic detention order,

details of any relevant action taken by the Parole Authority,

any other information available from its records that Corrective Services NSW considers relevant.

Without limitation, the regulations may make provision for or with respect to—

the return to custody of offenders subject to warrants to which this clause applies, and

the re-sentencing of offenders under this clause, and

the issue and execution of warrants for those purposes.