New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 91

91 Interim suspension of ICO

(1) On the application of the Commissioner, a judicial member of the Parole Authority--

(a) may make an order suspending an offender's intensive correction order, and

(b) if the offender is not then in custody, may issue a warrant for the offender's arrest.

(2) An application under subsection (1) may be made in person or by telephone, electronic mail or facsimile transmission.

(3) Action under subsection (1) may be taken in relation to an offender's intensive correction order only if the judicial member is satisfied--

(a) that the Commissioner has reasonable grounds for believing that--

(i) the offender has failed to comply with the offender's obligations under the intensive correction order, or

(ii) there is a serious and immediate risk that the offender will leave New South Wales in contravention of the conditions of the intensive correction order, or

(iii) there is a serious and immediate risk that the offender will harm another person, or

(iv) there is a serious and immediate risk that the offender will commit an offence, and

(b) that, because of the urgency of the circumstances, there is insufficient time for a meeting of the Parole Authority to be convened to deal with the matter.

(4) If an application under this section is made otherwise than in person, the judicial member may furnish the applicant with a suspension order or arrest warrant--

(a) by sending a copy of the order or warrant to the applicant by electronic mail or facsimile transmission, or

(b) by dictating the terms of the order or warrant to the applicant by telephone.

(5) A document--

(a) that contains--

(i) a copy of a suspension order or arrest warrant that the judicial member has sent by electronic mail or facsimile transmission, or

(ii) the terms of a suspension order or arrest warrant that the judicial member has dictated by telephone, and

(b) that bears a notation--

(i) as to the identity of the judicial member, and

(ii) as to the time at which the copy was sent or the terms dictated,

has the same effect as the original suspension order or arrest warrant.

(6) A suspension order may be revoked by any judicial member of the Parole Authority or by the Commissioner.

(7) Unless sooner revoked, a suspension order ceases to have effect at the end of 28 days after it is made or, if the offender is not in custody when it is made, at the end of 28 days after the offender is taken into custody.

(8) While a suspension order is in force, the intensive correction order to which it relates does not have effect.

(9) An arrest warrant is sufficient authority for a police officer to arrest the offender named in the warrant, to convey the offender to the correctional centre specified in the warrant and to deliver the offender into the custody of the governor of that correctional centre.