Northern Territory Consolidated Acts

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SENTENCING ACT 1995 - SECT 38

Review of community work order

    (1)     A court, on the application of the Commissioner or an offender, may:

        (a)     discharge a community work order; or

        (b)     revoke a community work order and deal with the offender as if the offender had come before the court for sentence for the offence in respect of which the order was made; or

        (c)     reduce the number of hours the offender is required to participate in an approved project under the order; or

        (d)     vary the time within which the offender is to complete his or her participation in the approved project.

    (2)     Where the Commissioner makes an application under subsection (1), the court must summons the offender to appear before it on the hearing of the application and, if the offender does not appear in answer to the summons, may order that a warrant to arrest the offender be issued.

    (3)     Where an offender makes an application under subsection (1), the court must serve notice of the application and of the time and place fixed for the hearing on the Commissioner.

    (4)     Without limiting the matters that a court may take into consideration in reviewing a community work order, the grounds for reviewing such an order include the fact:

        (a)     that the offender is in custody on a charge for another offence; or

        (b)     that the offender's behaviour is such that the carrying out of the terms of the order is impracticable; or

        (c)     that the operation of the order offends other persons.



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