South Australian Consolidated Regulations South Australian Consolidated Regulations7—Enforcement of bonds and guarantees (section 57)
(1) If, pursuant to
section 57(1) of the Act, a probative court decides to issue a summons or a
warrant of arrest to bring a probationer before the court on a written
application made by the Crown alleging breach of bond, the court must endorse
the application accordingly.
(2) The court should
first issue a summons to a probationer alleged to have breached a bond unless
the court has reasonable grounds to believe—
(a) that
service of a summons is not likely to be effected; or
(b) that
the probationer is not likely to comply with a summons.
(3) A summons must be
served on the probationer—
(a)
personally; or
(b) if
personal service is not practicable or the probationer cannot, after
reasonable enquiries, be found, in such other manner as the court may direct,
not later than 2 clear working days before the date specified in the summons
for the hearing of the matter.
(4) If a probationer
fails to appear before the probative court in compliance with a summons and
the court is satisfied that the summons was duly served on the probationer,
the court may, instead of issuing a warrant, deal with the application in the
absence of the probationer.
(5) If a guarantor
fails to appear before the probative court in compliance with a summons and
the court is satisfied that the summons was duly served on the guarantor, the
court may make orders in relation to enforcing the guarantee in the absence of
the guarantor.
(6) If a probationer
is found guilty of an offence committed during the term of a bond by a court
that has jurisdiction to deal with proceedings for breach of the bond, the
court may, on an oral application by the Crown, proceed to hear and determine
the application forthwith if it is satisfied that the probationer has had
adequate notice of the intention of the Crown to make such an application.