Northern Territory Consolidated Acts

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SENTENCING ACT 1995 - SECT 47

Review of home detention order

    (1)     A court may, on the application of the Commissioner or the offender and having regard to circumstances which have arisen or become known since the home detention order was made:

        (a)     discharge the order; or

        (b)     revoke the order and:

            (i)     confirm the sentence of imprisonment imposed on the offender; or

            (ii)     order that the sentence of imprisonment be quashed and deal with the offender as if the offender had come before the court for sentence for the offence in respect of which the home detention order was made; or

        (c)     vary the terms and conditions of the order including, subject to subsection (5), the period the order is to remain in force.

    (2)     Where the Commissioner makes an application under subsection (1), the court must summons the offender to appear and, if the offender does not appear in answer to the summons, the court may issue a warrant for the offender's arrest.

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

    (4)     The court, in making an order under subsection (1)(a), may take into account:

        (a)     the length of time the offender has complied with the home detention order; and

        (b)     any report of the Commissioner.

    (5)     An order under subsection (1)(c) must not be made if the effect is that the period of the order, as varied, exceeds 12 months.



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