Section 111 — Sentencing Act 2002: Calling offender to come up for sentence

111 Calling offender to come up for sentence (1) This section applies if an offender in respect of whom an order is made under section 110 — (a) is convicted of a subsequent offence punishable by imprisonment for a term of more than 3 months; or (b) fails to comply with any other order referred to in section 110(3) ; or (c) fails to comply with any agreement or fails to take any measure or action of a kind referred to in section 10(1)(b) , (d) , or (e) that was brought to the attention of the court at the time the court made the order under section 110 . (2) Any of the following persons may, at any time within the period specified in the order, apply to a court having jurisdiction to deal with the original offence to have the offender brought before the court to be dealt with for that offence: (a) a member of the police: (b) a Crown Prosecutor: (c) the Solicitor-General: (d) any person designated by the chief executive of the Department for Courts or the chief executive of the Department of Corrections. (3) On an application under subsection (2) , the court may— (a) issue a summons in the prescribed form requiring the offender to appear at the time and place appointed in the summons to show cause why he or she should not be dealt with for the original offence; or (b) if the offender fails to appear before the court in answer to the summons issued under paragraph (a) , issue a warrant to arrest the offender and bring him or her before the court; or (c) issue an arrest warrant without first issuing a summons. (4) If an application is made under subsection (2) , sections 45 to 47 of the Summary Proceedings Act 1957 apply, with any necessary modifications, as if the application were an information. (5) If a person appears before a court under this section and the court is satisfied of any of the matters specified in subsection (1) , the court— (a) must inquire into the circumstances of the original offence and the conduct of the offender since the order was made (including, where appropriate, the circumstances and gravity of the subsequent offence); and (b) may sentence or otherwise deal with the offender for the original offence. Compare: 1985 No 120 s 21(3)-(6)