4. The Hearing and Decision

Permissible date of hearing

The hearing for an application:

• may be held after the sentence has expired, but
• may not be held after the sentence has been cancelled or been deemed to be cancelled.

Note: The application must be laid before the court before the termination date of the sentence.

On-strength information

Up-to-date information must be provided to the probation officer prosecuting the case. This information should be provided by the supervising CPPS staff member as on-strength information and must be as up-to-date as possible.

This information should be provided at least one working day before the hearing.

Application may lapse

If, between the laying of the application and the hearing, the sentence is cancelled through any other means, the application lapses.

Participation in hearing

It is the role of the probation officer to prosecute the application. The supervising probation officer does not need to attend the hearing, unless the application is being defended and they are required as a witness.

Reference: Volume 1, Part III, Court Servicing, for information on the hearing. (Please refer to the related links section on this page).

Considering HD or further CD as substitution of sentence

If the court is considering a substitute sentence of home detention (HD) or further community detention (CD), they may remand the matter to enable CPPS to canvass these options.

Note: The court may be able to determine the outcome on the day if:

• this outcome has been canvassed with the offender, and
• the appropriate information has been provided to the court for the hearing.

After the hearing

Once the hearing is completed, the court notifies the applicant of the decision accordingly. The probation officer must then:

• update IOMS records (casenotes and application management tab), and
• confirm to the offender in writing the effect that the court decision has on the requirements of their sentence.

When decision takes effect

If the court grants the application, the decision takes effect:

• on the date specified by the court, or
• (if no date was specified) on the date the court determines the decision.

Tasks following the decision

The following table shows the tasks to be completed when the court has determined their decision on the application.

Note: In all cases, record the decision in IOMS casenotes.