Attendance at a Court Hearing

Attendance at the court hearing is ordered by the judge. Both the offender and the probation officer must attend if they receive the notice and order of hearing.

Attending the hearing

The probation officer who wrote the progress report must attend the hearing, in order to be able to answer any questions from the judge about the offender's progress. If this is not possible, another fully briefed probation officer must attend.

It is also expected that a front of court probation officer will attend the hearing. This is to provide any front of court support that may be necessary during the hearing.

At the hearing

At the hearing the sentencing judge will consider whether there are grounds for variation or cancellation of the existing HD/intensive supervision sentence.

The judge may hear from both the offender and the probation officer who wrote the progress report at the hearing before making a decision.

If the judge decides...	then the judge will...
there are grounds for variation or cancellation	request further submissions, and set the matter down for a further hearing.
there are no grounds for variation or cancellation	request further progress reports, or indicate that no further action is required.

Further hearing

If a further hearing is ordered, the judge will hear submissions on variation and/or cancellation from the:

probation officer
offender, and
offender's counsel.

If the judge...	then...
varies or cancels the sentence	a new sentence order is created, or the offender is transferred to prison.
decides not to vary or cancel the sentence	the judge will request further progress reports, or will indicate that no further action is required.

Previous Next Show Contents

| | | | | | | | | | | | | | | |