Northern Territory Consolidated Acts

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SENTENCING ACT 1995 - SECT 78M

Review of perpetrators' program orders

    (1)     A court may, on the application of the Commissioner or the offender in respect of whom a perpetrators' program order is in force:

        (a)     discharge the order; or

        (b)     vary the terms and conditions of the order.

    (2)     The terms and conditions of a perpetrators' program order may be varied by the Commissioner if the Commissioner and the offender agree.

    (3)     Where the Commissioner makes an application under subsection (1), the court:

        (a)     must summons the offender to appear before it on the hearing of the application; and

        (b)     if the offender does not appear in answer to the summons – may order that a warrant to arrest the offender be issued.

    (4)     Where an offender makes an application 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.

    (5)     Without limiting the matters that a court may take into consideration in reviewing a perpetrators' program order, the grounds for review include:

        (a)     that the offender is in custody; and

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

        (c)     that 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 the order.



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