AustLII Tasmanian Consolidated Acts

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SENTENCING ACT 1997 - SECT 57D

When order deferring sentence may be revoked

(1)  A court, on its own motion or on application under this subsection, may revoke an order made under section 7(eb) in relation to an offender in respect of an offence and proceed to sentence the offender under section 7 in respect of the offence.
(2)  An application under subsection (1) may be made by the offender or the prosecutor.
(3)  An application under subsection (1) is to be in writing.
(4)  A copy of an application under subsection (1) and notice of the time and place of the hearing in relation to the application are to be, at least 7 days before the hearing of the application –
(a) served on the prosecutor, if the application is made by the offender; or
(b) served on the offender, if the application is made by the prosecutor.
(5)  Subsections (3) and (4) do not apply in relation to an application under subsection (1) and the notice of the time and place of the hearing in relation to the application, if the prosecutor and the offender agree that those subsections are not to apply.
(6)  A court must not, under this section, revoke an order in relation to an offender unless the offender is before the court.
(7)  The court may order that a warrant to arrest be issued against the offender if the offender does not attend before the court on the hearing of an application under subsection (1) .
(8)  A court may remand an offender on bail, or in custody, to appear before another court if –
(a) an application under subsection (1) is made in relation to the offender; or
(b) the court is of the opinion that the offender or the prosecutor intends to make an application under subsection (1) in relation to the offender.



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