AustLII Tasmanian Consolidated Acts

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SENTENCING ACT 1997 - SECT 42AY

Arrest for failure to appear at certain applications, or for breach, or suspected breach, of order

(1)  A court to which an application in relation to an offender is made or adjourned under this Part may issue a warrant to arrest the offender if –
(a) the offender fails to appear at the hearing of the application; or
(b) reasonable efforts have been made to serve the application on the offender but have been unsuccessful –
and the application was not made by or on behalf of the offender.
(2)  Without limiting the generality of subsection (1)(b) , reasonable efforts are to be taken to have been made to serve the application on an offender to whom a community correction order relates if a copy of the application is, during the operational period of the order, left at the premises which the person who makes the application believes to be the premises at which the offender resides or was last known to reside.
(3)  A police officer may arrest an offender to whom a community correction order relates if the police officer believes on reasonable grounds that the offender has breached, is breaching, or is about to breach, a condition of the order by leaving, or attempting to leave, the State.



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