South Australian Current Acts

SENTENCING ACT 2017 - SECT 103

103—Variation or discharge of bond

        (1)         A probative court may, on the application of a probationer or the Minister for Correctional Services, vary or revoke a condition of a bond under this Act.

        (2)         If, on an application for variation under subsection (1), a probative court extends, beyond the term of the bond, the period within which community service is to be performed by the probationer, the term of the bond is extended accordingly.

        (3)         A probative court cannot extend the period within which community service is to be performed by more than 6 months.

        (4)         A probative court may only vary or revoke the conditions imposed by section 96(2) on a bond if the court is satisfied, by evidence given on oath, that—

            (a)         there are cogent reasons to do so; and

            (b)         the possession of a firearm, ammunition or part of a firearm by the probationer does not represent an undue risk to the safety of the public.

        (5)         Subject to subsection (6), if the Minister for Correctional Services is satisfied, on the application of a probationer—

            (a)         that it is no longer necessary for the probationer to remain under supervision; and

            (b)         that it would not be in the best interests of the probationer to remain under supervision,

the Minister may, by instrument in writing, waive the obligation of the probationer to comply any further with the condition requiring supervision.

        (6)         The Minister for Correctional Services must, before deciding whether to waive the obligation of a probationer to comply any further with a condition requiring supervision, take into account the likely impact on a victim to which this subsection applies if the probationer is no longer required to remain under supervision.

        (7)         Subsection (6) applies to a victim in respect of whom a victim impact statement was provided to the sentencing court when the probationer was sentenced.

        (8)         If a probative court is satisfied, on the application of a probationer, that it is no longer necessary for the probationer to remain subject to the bond, the court may, by order, discharge the bond.