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PENALTIES AND SENTENCES ACT 1992 - SECT 151W
Failure to comply with rehabilitation part of treatment order
151W Failure to comply with rehabilitation part of treatment order
(1) If a court is satisfied an offender has, without reasonable excuse, failed
to comply with the rehabilitation part of the offender’s treatment order,
the court may do any of the following— (a) impose a condition on the
treatment program for the order the court considers necessary to achieve the
purposes of the treatment order;
(b) at any 1 hearing under this section,
order that the offender perform up to 40 hours of community service, but not
to the extent the order would increase the total amount of community service
imposed on the offender in relation to the treatment order to more than 240
hours;
(c) at any 1 hearing under this section, order that the offender must
serve up to 7 consecutive days of the sentence of imprisonment suspended under
the custodial part of the treatment order;
(d) revoke the rehabilitation part
of the treatment order and order that the offender must serve the whole or
part of the sentence of imprisonment imposed under the custodial part of the
treatment order, reduced by the period of imprisonment served by the offender
under the treatment order;
(e) amend the rehabilitation part of the treatment
order under section 151V .
(2) To remove any doubt, it is declared that—
(a) an order made under subsection (1) (b) is not a community service order;
and
(b) the court may impose a condition or make an order mentioned in
subsection (1) (a) , (b) or (c) for the offender more than once.
(3) In
taking action under subsection (1) (d) , the court must have regard to the
extent to which the offender has otherwise complied with the treatment order.
(4) The court must give reasons for a decision to take action under this
section.
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