SCHEDULE 1BREACH OF LIBERATION CONDITION

Offence of breaching condition

I11

1

A person commits an offence if, without reasonable excuse, the person breaches a liberation condition by reason of—

a

failing to comply with an investigative liberation condition,

b

failing to appear at court as required by the terms of an undertaking, or

c

failing to comply with the terms of an undertaking, other than the requirement to appear at court.

2

Sub-paragraph (1) does not apply where (and to the extent that) a person breaches a liberation condition by reason of committing an offence (in which case see paragraph 3).

3

It is competent to amend a complaint to include an additional charge of an offence under sub-paragraph (1) at any time before the trial of a person in summary proceedings for—

a

the original offence, or

b

an offence arising from the same circumstances as the original offence.

4

In sub-paragraph (3), “the original offence” is the offence in connection with which—

a

an investigative liberation condition was imposed, or

b

an undertaking was given.