Request for Attendance at a Court Hearing

Based on the information contained in the progress report, the sentencing judge may order the probation officer and offender to attend a court hearing.

Purpose

The judge can request a court hearing to consider changes to any factors relating to the:

• administration of the sentence
• rehabilitation of the offender, and/or
• reintegration of the offender.

Order and notice

If the judge requests that a hearing be held, the court will generate an order and notice to attend before the sentencing judge.

This order and notice will contain the following information:

• offender's details
• entence details
• confirmation that progress report has been considered
• order that the offender is required to attend a hearing
• notice of the specific court and judge before which the offender must appear (i.e. where the hearing is, and who the judge will be)
• time and date of the hearing, and
• a warning that failure to attend will constitute a breach of sentence conditions.

Notification of hearing

A copy of the order and notice must be given to the:

• offender, and
• probation officer who filed the progress report.

If the offender has been ordered to attend the hearing it is expected that the probation officer who filed the progress report will also attend.

Courts will send CPPS two copies of the order and notice for the hearing. CPPS has agreed to make all reasonable efforts to ensure that a copy of the order and notice is served on the offender. If this cannot be done within five working days of receiving the order, contact the Ministry of Justice (MoJ) (Courts) to agree the next action to be taken.

The offender is required to sign a statement of service upon receipt of the order and notice.

The statement of service should be retained on the offender's file and be available for reference (if necessary) at the court hearing.