Submissions to Court

The following topic outlines the grounds for making submissions to court if the judge considers that there may be grounds to vary or cancel the existing sentence of either HD or intensive supervision, and requests submissions on this.

Process for submissions

Submissions should only be provided at the request of the sentencing judge. All submissions should be provided in writing. Submissions need to be:

• lodged with the court at least three working days before the hearing date, and
• made available to the offender and the offender's counsel.

Common grounds for submissions

Submissions relating to the possible variation or cancellation of sentences of HD and intensive supervision should be in accordance with the grounds laid out in sections 54K and 80F of the Sentencing Act 2002. After hearing submissions, the judge may vary or cancel the sentence as if an application had been made in accordance with one of these sections.

Legislative references: Sections 54K and 80F Sentencing Act 2002.

The common grounds for the variation or cancellation of HD or intensive supervision are:

• any programme to which the offender is subject is no longer available or suitable for the offender
• changes in circumstances since the sentence was imposed and the manner in which the offender has responded to the sentence
• the rehabilitation and reintegration of the offender would be advanced by the:
  • remission, suspension or variation of any special conditions, or
  • imposition of additional special conditions
• the continuation of the sentence is no longer necessary in the interests of the community or the offender
• the offender is unable to comply, or has failed to comply, with any conditions of the sentence (for HD, any detention conditions), or
• (HD only) the HD residence is no longer available or suitable because of a change in circumstances.