Victorian Current Acts

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Review of residential treatment order by sentencing court

S. 82A(1) amended by No. 65/2011 s. 40(1).

    (1)     If on an application under this subsection the court which imposed a residential treatment order under section 82AA is satisfied—

        (a)     that the offender is not complying with the residential treatment order; or

        (b)     that the needs of the offender are not being met by the residential treatment order; or

        (c)     that the residential treatment order is no longer appropriate—

it may confirm, vary or cancel the residential treatment order.

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

        (a)     the offender; or

S. 82A(2)(b) substituted by No. 65/2011 s. 40(2).

        (b)     the Secretary; or

S. 82A(2)(c) substituted by No. 65/2011 s. 40(3).

        (c)     the Secretary to the Department of Human Services.

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

        (a)     to the offender; and

        (b)     to the Director of Public Prosecutions (if the sentencing court was the Supreme Court or the County Court) or to the informant or police prosecutor (if the sentencing court was the Magistrates' Court).

    (4)     The court may order that a warrant to arrest be issued against the offender if he or she does not attend before the court on the hearing of the application.

    (5)     If the court cancels the residential treatment order, it may cancel the sentence and, subject to subsection (6), deal with the offender for the offence or offences with respect to which the sentence was imposed in any manner in which the court could deal with the offender if it had just found the offender guilty of that offence or those offences.

    (6)     In determining how to deal with an offender following the cancellation by it of a sentence, a court must take into account the extent to which the offender had complied with the sentence before its cancellation.

S. 83 amended by No. 23/2006 s. 230.

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