Northern Territory Consolidated Acts

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Variation of approved treatment facility orders

    (1)     A court that has made an order under section 80 may, on application under this subsection, if satisfied that the offender is no longer willing to comply with the order or a condition to which the order is subject, vary or cancel the order and deal with the offender for the offence with respect to which it was made in any manner in which the court could deal with the offender if it had just found the offender guilty of the offence.

    (2)     An application under subsection (1) may be made at any time while the order is in force by:

        (a)     the offender; or

        (b)     a prescribed person or a member of a prescribed class of persons; or

        (c)     the prosecutor; or

        (d)     an authorised psychiatric practitioner nominated by the Chief Health Officer.

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

        (a)     the offender; and

        (b)     where the sentencing court was:

            (i)     the Supreme Court – the Director of Public Prosecutions; or

            (ii)     the Local Court – the complainant or informant.

    (4)     A court may order that a warrant to arrest the offender be issued where the offender does not attend before the court on the hearing of the application.

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