Applications for Variation

Introduction

An application for variation to the curfew address or curfew period of a sentence of CD may be made.

Legislative reference: Section 69I Sentencing Act 2002.

Types of variation

The probation officer can apply to:

• vary the curfew period
• suspend the curfew period, or
• vary the curfew address.

When to make an application

An application for variation of CD should be made:

• in response to any change in the circumstances of the offender which impacts on their ability to meet the requirements of the sentence, or
• when a curfew period is no longer appropriate or able to be met.

Examples:

• change of address
• withdrawal of approval by relevant occupants
• offender has been admitted to hospital for extended period of time, or
• ongoing commitments related to the fulfillment of a special condition of a concurrent sentence of supervision or intensive supervision.

Reference: Volume 3B, Part III, Chapter 5, Changes in Offender Circumstances. (Please refer to the related links section on this page).

Possible results

The following table shows the possible outcomes of an application to the court for variation of CD.