Australian Capital Territory Current Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 64

Board powers—breach of intensive correction order obligations

    (1)     This section applies if, after conducting an inquiry under section 62 (Board inquiry—breach of intensive correction order obligations) in relation to an offender, the board is satisfied that the offender has breached any of the offender's intensive correction order obligations.

    (2)     The board may do 1 or more of the following:

        (a)     give the offender a warning about the need to comply with the offender's intensive correction order obligations;

        (b)     suspend the offender's intensive correction order for—

              (i)     if the offender admits that the offender has breached an obligation—3 days to be served by imprisonment by full-time detention, but not past the end of the offender's sentence; or

              (ii)     in any other case—7 days to be served by imprisonment by full-time detention, but not past the end of the offender's sentence;

        (c)     cancel the offender's intensive correction order;

Note     Section 65 requires a court to cancel the offender's intensive correction order in certain circumstances and s 66 requires the board to cancel the order if the offender withdraws consent.

        (d)     refer the offender to a court for amendment or discharge of the intensive correction order if the board decides that the offender is unlikely to be able to serve the remainder of the order by intensive correction, having regard to—

              (i)     the offender's health; or

              (ii)     any exceptional circumstances affecting the offender.

    (3)     The board must not give more than 3 warnings under subsection (2) (a) in a 12-month period.

    (4)     To remove any doubt, if an inquiry under section 62 in relation to an offender is conducted in conjunction with another inquiry under this Act in relation to the offender, the board may exercise its powers under this division with any other powers of the board in relation to the other inquiry.



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