25Conviction for
breach—how dealt with
(1)
If the supervising court convicts a person of an
offence under section 23 (1), the court may:
(a)
without prejudice to the continuation in force of
the community service order, impose on the person a fine not exceeding 2.5
penalty units,
(b)
where the order was made by a Local Court:
(i)
deal with the person, for the offence in respect
of which the order was made, in any manner in which the person could have been
dealt with for that offence by the court that made the order if the order had
not been made and, unless the order has ceased to be in force, revoke the
order, or
(ii)
subject to the Bail Act
1978, commit the person to custody until the person can
appear or be brought before the court that made the
order,
(c)
where the order was made by the District Court or
the Supreme Court, subject to the Bail Act
1978, commit the person to custody until the person can
appear or be brought before the court that made the order, whether or not that
court is constituted by the same judge as the court that made the order,
or
(d)
take no action.
(2)
Where, pursuant to subsection (1) (b) (ii) or
(c), a person is to appear or is to be brought before the court that made the
community service order in respect of the person, the supervising court shall
send to the court before which the person is to appear or is to be brought a
certificate, signed by a justice, of conviction of an offence under section 23
(1), together with such documents and information as the supervising court
considers likely to be of assistance to the court before which the person is
to appear or is to be brought.
(3)
A certificate under subsection (2) shall be
admissible as evidence of an offence under section 23 (1) in proceedings
before the court before which a person appears or is brought pursuant to
subsection (1) (b) (ii) or (c).
(4)
Where, pursuant to subsection (1) (b) (ii) or
(c), a person appears or is brought before the court that made the community
service order in respect of the person, that court may, if it is satisfied
that the person is guilty of an offence under section 23 (1):
(a)
without prejudice to the continuation in force of
the order, impose on the person a fine not exceeding 2.5 penalty
units,
(b)
deal with the person, for the offence in respect
of which the order was made, in any manner in which the person could have been
dealt with for that offence by that court if it had not made the order and,
unless the order has ceased to be in force, revoke the order,
or
(c)
take no action.
(5)
In proceedings before the District Court or the
Supreme Court under this section, any question whether a person has failed to
comply with a requirement of a community service order, or with a requirement
made by or under this Act or the regulations in respect of the order, shall be
determined by the judge and not by the verdict of a
jury.
s 25: Am 1979 No 194,
sec 3 (b); 1984 No 33, Sch 1; 1988 No 131, Sch 29.