Who May Apply

Either offender or probation officer

Either the offender or a probation officer may apply to the court seeking:

• variation or suspension of the curfew period
• variation of the curfew address
• cancellation (of the sentence), or
• cancellation and substitution (of the existing sentence with another sentence)

Note: The offender will have been informed during induction that this option is available to them.

If CD is supervised by a senior community work supervisor

The senior community work supervisor will not be expected to make applications for variation or cancellation of CD.

If a CD sentence is being supervised by a senior community work supervisor and the senior community work supervisor identifies a situation where an application for variation or cancellation may be appropriate, then the senior community work supervisor must advise their service manager without delay.

The service manager will:

• advise the senior community work supervisor to liaise with a given probation officer to determine if an application should in fact be made, and
• if an application is appropriate, allocate a given probation officer to prepare the application with the assistance of the senior community work supervisor.

When offender should apply

On some occasions, it will be more appropriate for the offender to make an application rather than the probation officer, for example when:

• the senior community work supervisor/probation officer has assessed the reason for the request and does not support it (see curfew period variations in part III, chapter 5 Changes in Offender Circumstances), or
• the offender wants to move overseas before the end of the sentence.