Northern Territory Consolidated Acts

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SENTENCING ACT - SECT 14

Variation of order for release on bond

14. Variation of order for release on bond

(1) A court which has made an order under section 11 or 13 may, on application under this subsection, if satisfied that:

(a) circumstances, including those of the offender, have materially altered since the order was made and as a result the offender will not be able to comply with any condition of the order; or

(b) the offender is no longer willing to comply with the conditions of the order,

vary or cancel the order and, subject to subsection (2), deal with the offender for the offence or offences with respect to which it was made in any manner in which the court could deal with the offender if it had just found the offender guilty of the offence or those offences.

(2) In determining how to deal with an offender following the cancellation by it of an order made under section 11 or 13, the court shall take into account the extent to which the offender had complied with the order before its cancellation.

(3) An application under subsection (1) may be made at any time while the order is in force by:

(a) the offender;

(b) a prescribed person or a member of a prescribed class of persons; or

(c) the prosecutor.

(4) Notice of an application under subsection (1) shall be given to:

(a) the offender; and

(b) where the sentencing court was:

(i) the Supreme Court, the Director of Public Prosecutions; or

(ii) the Court of Summary Jurisdiction, the complainant or informant.

(5) The court may order that a warrant to arrest the offender be issued if he or she does not attend before the court on the hearing of the application.



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