Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 82

Review of justice plan condition by sentencing court

82. Review of justice plan condition by sentencing court





(1) If on an application under this subsection the court which attached a
justice plan condition to an order under section 80(1) is satisfied-



   (a)  that the offender is no longer willing to comply with the condition;
        or



   (b)  that the needs of the offender are not being met by the condition; or



   (c)  that the offender has failed without reasonable excuse to comply with
        the condition; or

   (d)  that the condition is no longer appropriate-

it may confirm, vary or cancel the condition.

(2) An application under subsection (1) may be made at any time while the
justice plan condition is in force by-

   (a)  the offender; or

   (b)  if the sentence is a community correction order, the Secretary; or





   (c)  if the sentence is an order under Subdivision (2) or (3) of Division
        2, a prescribed person or a member of a prescribed class of persons;
        or

   (d)  the Secretary to the Department of Human Services.





(3) Notice of an application under subsection (1) must be given-

   (a)  to the offender; and

   (b)  to the Director of Public Prosecutions (if the sentencing court was
        the Supreme Court or the County Court) or to the informant or police
        prosecutor (if the sentencing court was the Magistrates' Court).

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

(5) If the court cancels the justice plan condition, it may cancel the
sentence and, subject to subsection (6), deal with the offender for the
offence or offences with respect to which the sentence was imposed in any
manner in which the court could deal with the offender if it had just found
the offender guilty of that offence or those offences.

(6) In determining how to deal with an offender following the cancellation by
it of a sentence, a court must take into account the extent to which the
offender had complied with the sentence before its cancellation.