Crimes Act 1914

Part IB - Sentencing, imprisonment and release of federal offenders

Division 9 - Sentencing alternatives for persons suffering from mental illness or intellectual disability

SECTION 20BX Enforcement of psychiatric probation orders

(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 10 penalty units 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 to any other matters, take into account:

(a) the fact that the order was made; and

(b) anything done under the order; and

(c) any other order made in respect of the offence.

(3)
Where a person who has been released in accordance with an order under section 20BV is dealt with under subsection (1) for the offence in respect of which the order was made, the person has such rights of appeal in respect of the way in which the person was dealt with for that offence as the person would have if:

(a) the court had, immediately before so dealing with the person, convicted the person of the offence; and

(b) the manner in which the person is dealt with had been a sentence passed upon that conviction.

(4)
A pecuniary penalty imposed on a person under paragraph (1)(a) is to be treated, for the purposes of the laws of the Commonwealth, and of the States and Territories, with respect to the enforcement and recovery of fines ordered to be paid by offenders, as a fine imposed on the person because of the person's conviction for an offence against a law of the Commonwealth.

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