General Information

Change in offender circumstances

A change in the circumstances of the offender may mean that they are no longer able to comply with the special condition(s) of their sentence/order related to undertaking a programme.

Example: The offender is assessed post sentence as not eligible for the programme.

Change in other circumstances

There are also situations which are beyond the control of both the offender and the probation officer which mean the special condition related to a programme cannot be met.

Examples:

• The programme is cancelled due to insufficient referrals, or
• the programme is no longer offered by a community provider.

Wording of special condition

The probation officer should make an application to the court/NZPB, if:

• a specified programme is no longer available/is not suitable, and
• the wording of the special condition does not enable the probation officer to substitute a different programme that is available.

In these circumstances the following options are available:

• variation (if a similar programme is available)
• cancel or discharge the condition (if no alternative programme is available), or
• cancel, or cancel and substitute the sentence (if this option is available, and the basis for the rehabilitative sentence was to complete the programme, and a suitable alternative programme is not available).