AustLII Tasmanian Consolidated Acts

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SENTENCING ACT 1997 - SECT 60

Released offender may be called on to appear

(1)  An offender who has given an undertaking under section 7(f) may be called on to appear before the court –
(a) by order of the court; or
(b) by notice issued by the proper officer of the court.
(2)  An order or notice under subsection (1) is to be served on the offender not less than 4 days before the time specified in it for the appearance.
(3)  If, at the time to which the further hearing of a proceeding is adjourned, the court is satisfied that the offender has observed the conditions of the undertaking, the court must –
(a) if a conviction was recorded under section 7(f) , discharge the offender without any further hearing of the proceedings; or
(b) if a conviction was not recorded under section 7(f) , dismiss the charge without any further hearing of the proceedings.
(4)  If, at the time to which the further hearing of a proceeding is adjourned, the court is not satisfied that the offender has observed the conditions of the undertaking, the court may cancel the order and deal with the offender for the offence or offences in respect of which the order was made in any manner in which the court could deal with the offender had it just found the offender guilty of that offence or those offences.



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