Ensuring compliance with CRO
51 Ensuring compliance with CRO
To ensure —
that an offender does not commit an offence during the term of a CRO; and
if necessary, that the offender complies with any requirement imposed by the court,
a court may order that the offender not be released until the offender or a surety for the offender or both have —
given a written undertaking to pay the State an amount of money (set by the court); or
deposited an amount of money (set by the court) with the court to be forfeited to the State,
if while the CRO is in force the offender commits an offence or fails to comply with a requirement of the CRO imposed by the court.
If an offender refuses to give a written undertaking as required by the court, the court may impose a fine for the offence instead of a CRO, despite section 39(3).
A surety for an offender must be approved, and for that purpose sections 36 to 41 of the Bail Act 1982, with any necessary changes, apply.
If under subsection (1) a court makes an order requiring there to be a surety for an offender, and within 7 days after the order is made a person has not been approved as a surety, the offender is to be taken before the court.
On the reappearance of an offender under subsection (4) the court may amend or cancel the order requiring a surety, or amend the CRO, or cancel the CRO and impose a fine for the offence despite section 39(3).
If money is deposited with a court by a person under subsection (1)(d), the person may apply to the court after the CRO has ceased to be in force for the return of the money.
If the court is satisfied that the offender has not committed an offence during the term of the CRO and has complied with any requirements of the CRO, the court must order the return of the money deposited.
No interest is to be paid by the State on any money deposited under this section.
[Section 51 amended: No. 41 of 2006 s. 79.]
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