Making an Application

Where to apply

The application must be made to the appropriate court, as shown in the following table.

If the sentence was imposed in…	make the application to the…
the high court	high court.
a district court, presided over by a trial judge	district court, presided over by a trial judge.
the court of appeal on appeal from a high court	high court.
the court of appeal on appeal from a district court	district court, presided over by a trial judge.
any other case	district court, presided over by any judge.

Record keeping

All details of and reasons for the application should be recorded in IOMS casenotes. This should include details of any discussion regarding the application with the service manager or senior probation officer, or with any other relevant CPPS staff where there are joint sentences.

Evidence

The application must include sufficient information and evidence to satisfy the court that the grounds on which the application is based have been established.

Request for outcome

All applications should clearly state what the probation officer is seeking from the application, and include sufficient information to support this.

Considering HD or further CD as a substitute

If considering seeking HD, further CD or intensive supervision, the probation officer should request that the court remand the matter for pre sentence report type enquiries to be undertaken.

Depending on the extent of the enquiries, a full pre-sentence report with an appendix may be necessary.

Steps to take

Follow these steps to make an application.

Step	Action
1	Record the reasons for the application in IOMS casenotes.
2	Establish the hearing date, and prepare the following documents: an application cover sheet an affidavit cover sheet the application the affidavit a letter to the court (notice of service), and a letter to the police. Note: A service manager is to check the application before proceeding past this point.
3	Ensure the application includes: details of the existing sentence offender’s response to the sentence why the application is being made, including information supporting the application, and what outcome the probation officer is seeking.
4	Make an original and four copies of the documents. The original is for the court (except the notice of service, which is a copy). One copy is for the offender (with the original notice statement of service). One copy is for the offender’s counsel One copy is for the probation officer and sentence file One copy is for the original prosecuting agent (police) Note: The sworn copy must be retained on file.
5	Arrange for the original of the application to be filed at the relevant court.
6	Serve the application on the offender and request their signature on the acknowledgement of service. This is to be retained on the file. Note: If they do not sign, note “Offender is unable/refuses to sign” on the form.
7	Retain a copy of the application in IOMS casenotes, and enter details of the application into the application management tab.
8	Swear/affirm before the registrar a proof of service, or non-service, affidavit of the application.

Forms used

The following forms are available on Corrnet to be used when making an application:

an affidavit
an application cover sheet, to request a variation or cancellation by a district court
an application sheet, to detail the reasons for the request
acknowledgement of service, to advise the offender of the application, and
an affidavit, to provide evidence if unable to serve the application.

Reference: Volume 3B, Part V, Chapter 2, Serving the Application. (Please refer to the related links section on this page).

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