Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p52
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 125605–128109

was made; or

    (b) if the information is laid on oath and the magistrate is of the opinion that proceedings against the person by summons might not be effective—issue a warrant for the arrest of the person.

"(2) Where:

    (a) a person who is served with a summons issued under subsection (1) fails to attend before the court as required by the summons; or

    (b) a person who has been admitted to bail under subsection (4) fails to attend before the court as required by the conditions of that bail;

the court may issue a warrant for the arrest of the person.

"(3) A warrant for the arrest of a person issued under subsection (1) or (2) also authorises the bringing of the person before the court as soon as practicable after the person's arrest and the detention of the person in custody until the person is released by order of the court or under subsection (4).

"(4) Where a person is arrested under a warrant issued under subsection (1) or (2) and the court before which the person is to be brought is not sitting at the time of the arrest, the person must be brought before a magistrate who may:

    (a) remand the person to bail on such recognizance (with or without sureties) as the magistrate thinks fit and on the condition that the person appears before the court on such date, and at such time and place, as the magistrate specifies; or

    (b) direct that the person be kept in custody in accordance with the warrant.

Enforcement of psychiatric probation orders

"20bx. (1) Where a person who is subject to an order under section 20bv appears before the court by which the order was made and the court is satisfied that the person has, without reasonable excuse, failed to comply with a condition of the order, the court may:

   (a) without prejudice to the continuance of the order, impose a pecuniary penalty not exceeding $1,000 on the person; or

   (b) discharge the order and make an order under section 20; or

   (c) revoke the order and, subject to subsection (2), deal with the person for the offence in respect of which the order was made, in any way in which the person could have been dealt with for that offence if the order had not been made and the person was before the court for sentence in respect of the offence; or

   (d) take no action.

"(2) Where a person who is subject to an order under section 20bv is dealt with under subsection (1) for the offence in respect of which the order was made, the court must, in so dealing with the person, in addition