SENTENCING ACT 1991 - SECT 67 Variation etc. of fine conversion order

SENTENCING ACT 1991 - SECT 67

    (1)     On an application under section 68, the court which made a fine conversion 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 is unable to comply with the order; or

        (b)     the circumstances of the offender were wrongly stated or were not accurately presented to the court before the order was made; or

        (c)     the offender no longer consents to the order.

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the order and making no further order in respect of the offence or offences with respect to which the order was originally made; or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

    (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.

S. 68 substituted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48).