Types of Application and When to Apply

Types

The following table outlines the three types of application which the probation officer or the offender can make to the court in relation to community detention (CD):

Note: Each type of application is described in more detail on the following pages.

Situations for applications

There are four primary situations in which an application would be made:

• to account for a change in the circumstances of the offender, whether positive or negative
• as a positive action in the case of positive achievement
• as a punitive action in the case of non-compliance with a sentence, or
• when the offender has been convicted of an offence punishable by imprisonment.

When to apply

Any application must be laid before the court before the termination date of the sentence. This is set out in the Summary Proceedings Act.

Grounds for applications

An application for variation, suspension or cancellation of a sentence of CD can be made by a probation officer or senior community work supervisor on any of the following grounds:

• The offender is unable to comply, or has failed to comply, with any conditions of the sentence.
• The curfew address is no longer available or suitable because of a change in circumstances.
• With regard to any 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 suspension or variation of the curfew period, or
  • the continuation of the sentence is no longer necessary in the interests of the community or the offender.