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SENTENCING ACT 1991 - SECT 48M

Variation etc. of community correction order

    (1)     On an application under section 48N, the court which made a community correction order may decide to deal with the order under subsection (2), if the court is satisfied that—

        (a)     the circumstances 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 circumstances of the offender were wrongly stated or were not accurately presented to the court or to the author of a pre-sentence report or drug and alcohol report before the order was made; or

        (c)     the offender no longer consents to the order; or

        (d)     the rehabilitation and reintegration of the offender would be advanced by the making of the decision to deal with the order; or

        (e)     the continuation of the sentence is no longer necessary in the interests of the community or the offender.

    (2)     If satisfied of a matter set out in subsection (1), the court may decide to deal with the order in one or more of the following ways—

        (a)     by confirming the order or a part of the order; or

        (b)     by cancelling the order and dealing with the offender for the offence or offences with respect to which the order was made in any manner in which the court could deal with the offender if it had just found him or her guilty of that offence or those offences; or

        (c)     by cancelling the order and making no further order in respect of the offence or offences with respect to which the order was originally made; or

        (d)     by varying the order; or

        (e)     in relation to a condition of the order, by cancelling, suspending, varying or reducing the condition; or

Example

An example of a variation of a condition of the order that may be made under paragraph (e) is a reduction of the number of hours specified under an unpaid community work condition.

        (f)     by attaching a new condition on the order; or

        (g)     in relation to a program that must be undertaken under the order, by cancelling, suspending, varying or reducing the program; or

        (h)     by imposing a new program that must be undertaken under the order.

    (3)     The court must make a decision under subsection (2) on the basis of its assessment of the extent to which the offender has complied with the order.

    (4)     The Secretary must disclose any direction he or she has given under Division 3 of Part 3C to a court making an assessment under subsection (3).

S. 48N inserted by No. 65/2011 s. 21.



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