What the Law states - Breach of intensive correction order

Sentencing Act 1991 - SECT 26

Breach of intensive correction order

26. Breach of intensive correction order

(1) If at any time while an intensive correction order is in force the offender fails without reasonable excuse to comply with any condition of it or with any requirement of the regulations made for the purposes of this Subdivision, the offender is guilty of an offence for which he or she may be proceeded against on a charge filed by a prescribed person or a member of a prescribed class of persons.

(1A) A proceeding for an offence under subsection (1) may be commenced at any time up until 3 years after the date on which the offence is alleged to have been committed.

(2) Despite anything to the contrary in the Magistrates' Court Act 1989-

(a) on the filing of a charge referred to in subsection (1), an application under section 28(1) of that Act for the issue of a summons to answer to the charge or a warrant to arrest may be made to the
registrar at any venue of the Magistrates' Court;

(b) a summons to answer to the charge issued on an application referred to in paragraph (a) must direct the defendant to attend-

(i) at the proper venue of the Magistrates' Court, if the intensive correction order was made by the Magistrates' Court; and

(ii) at the Supreme Court or the County Court, if the intensive correction order was made by that court- to answer the charge;

(c) a warrant to arrest issued on an application referred to in paragraph
(a) authorises the person to whom it is directed to bring the defendant when arrested before a bail justice or before the court by which the intensive correction order was made to be dealt with according to law.

(3) Despite anything to the contrary in this or any other Act or in any rule of law, the Supreme Court or the County Court may, if the intensive correction order was made by it, hear and determine without a jury an offence against subsection (1) and, subject to any rules of court, the practice and procedure
applicable in the Magistrates' Court to the hearing and determination of summary offences applies so far as is appropriate to the hearing of the offence.

(3A) If on the hearing of a charge under subsection (1) the court finds the offender guilty of the offence, it may impose a level 10 fine and in addition must-

(a) vary the intensive correction order; or

(b) confirm the order originally made; or

(c) cancel the order (if it is still in force) and, whether or not it is still in force, commit the offender to prison for the portion of the term of imprisonment to which he or she was sentenced that was unexpired at the date of the offence under subsection (1).

(3B) Despite anything to the contrary in subsection (3A), if on the hearing of a charge the court finds the offender guilty of the offence and is satisfied that the offence was constituted, in whole or in part, by the offender committing, whether in or outside Victoria, another offence punishable by imprisonment during the period of the intensive correction order, it must, in addition to any fine it may impose under subsection (3A), exercise the power referred to in paragraph (c) of that subsection unless it is of the opinion that it would be unjust to do so in view of any exceptional circumstances
which have arisen since the intensive correction order was made.

(3C) If the court decides not to exercise the power referred to in subsection
(3A)(c), it must state in writing its reasons for so deciding.

(4) If a court orders an offender to serve in prison the unexpired portion of the term of imprisonment, the term must be served-

(a) immediately; and

(b) unless the court otherwise orders, cumulatively on any other term of imprisonment previously imposed on the offender by that or any other court.

(5) A fine imposed under this section-

(a) does not affect the continuance of the order, if it is still in force; and

(b) must be taken for all purposes to be a fine payable on a conviction of an offence.