New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 99A

99A Right to decide not to participate in intervention program

(1) An offender may, at any time after entering into a good behaviour bond that contains a condition referred to in section 95A (1) (including after the commencement of the intervention program concerned), decide not to participate or to continue to participate in the intervention program or any intervention plan arising out of the program.

(2) Such a decision is to be made in accordance with the terms of the intervention program.

(3) If the offender makes such a decision, the sentencing court or any court of like jurisdiction may call on the offender to appear before it.

(4) If the offender fails to appear, the court may take any action referred to in section 98 (1A) or (1B).

(5) A court may, when an offender appears before it following a decision not to participate or to continue to participate in an intervention program or intervention plan:

(a) vary the conditions of the good behaviour bond or impose further conditions on the bond, or

(b) revoke the good behaviour bond.

(6) A court that revokes a good behaviour bond under subsection (5) may re-sentence the offender for the offence for which the good behaviour bond was imposed.

(7) This Act applies to the sentencing of an offender under this section in the same way as it applies to the sentencing of an offender on a conviction.

(8) An offender who under this section is sentenced by a court for an offence has the same rights of appeal as the offender would have had if the offender had been sentenced by that court on being convicted of the offence.