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Introduction

This topic outlines the required enforcement action when OWS offenders on parole fail to comply with either the special conditions or standard conditions of their order without providing a reasonable excuse.

Specific instances of non-compliance are outlined along with the required enforcement action.

Failure to comply with special conditions

The following table outlines the actions to be taken if an offender fails to comply with a special condition without reasonable excuse.

If the offender...

then...

  • fails to comply with a special condition relating to a programme, and
  • has not had a previous formal warning for this reason

issue a formal written warning to the offender (to be hand-delivered or couriered to their residential address) by the end of the next working day following the probation officer becoming aware of the non-compliance, stating that further non-compliance will result in immediate breach and recall action.

  • fails to comply with a special condition relating to a programme, and
  • has had a previous formal warning for this reason
  • carry out a home visit and case review immediately, and
  • commence breach and recall action immediately.

is not complying with a special condition relating to their residential address

  • carry out a home visit and case review immediately, and
  • commence breach and recall action immediately.

has breached a special condition related to non-association/no contact with a specified person or group/class of person

  • commence breach and recall action immediately.


Failure to comply with standard conditions

The following table outlines the actions to be taken if an offender fails to comply with their standard conditions, except for conditions related to reporting as directed by the probation officer.

If the offender...

then...

fails to comply with a standard condition related to residence

  • carry out a home visit and case review immediately, and
  • commence breach and recall action immediately.

has breached a standard condition related to non-association/no contact with a specified person or group/class of person

commence breach and recall action immediately.

  • fails to comply with any other standard condition, and
  • has not had a previous formal warning for this reason

issue a formal written warning to the offender (to be hand-delivered or couriered to their residential address) by the end of the next working day following the probation officer becoming aware of the non-compliance stating that further non-compliance will result in immediate breach and recall action.

  • fails to comply with any other standard condition, and
  • has had a previous formal warning for this reason
  • carry out a home visit and case review immediately, and
  • commence breach and recall action immediately.


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