Applications for Cancellation

Introduction

An application for cancellation of a sentence of CD may be made.

Legislative reference: Section 69I Sentencing Act 2002.

When to make an application

The probation officer can make an application for cancellation of the sentence:

• as a positive action in response to positive achievement, or
• in response to a change in the circumstances of the offender which relates to their sentence.

Example: The offender is unable to comply with any of the requirements of the sentence due to a major accident or serious illness from which there is little likelihood of recovery during the term of the sentence.

Possible results

The following table shows the possible results of the application to court.

Verbal requests for cancellation

In some cases, it can be appropriate to make a verbal request for a sentence to be cancelled at a hearing.

This would apply to cases where the offender is being sentenced for another offence, and continuing with the current sentence would not be in the interest of the offender or the community.