PENALTIES AND SENTENCES ACT 1992 - SECT 80
Offender may be re-sentenced on revocation of order under s 79
PENALTIES AND SENTENCES ACT 1992 - SECT 80
Offender may be re-sentenced on revocation of order under s 79
80 Offender may be re-sentenced on revocation of order under s 79
(1) Subject to subsection (2) , if a fine option order is revoked under
section 79, the court that made the original order must—
(a) confirm the
original order; or
(b) vary the original order; or
(c) revoke the original
order and re-sentence the offender for the offence for which the order was
made in a way in which the court could deal with the offender if the offender
had just been convicted by or before it of the offence.
(2) In determining
how to re-sentence the offender, the court must take into account the extent
to which the offender had complied with the order before its revocation.