Types of applications
There are three types of application which the probation officer or the offender can make to the court:
- Application for variation ??? when the probation officer wants to remit, vary, discharge or suspend conditions, or impose additional conditions.
- Application for cancellation ??? when the probation officer wants to cancel the sentence before the sentence end date. This is also referred to as ???early discharge???.
- Application for cancellation and substitution ??? when the probation officer wants to cancel the existing sentence and substitute it with another sentence.
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.
Note: A sentence of community work (CW) does not expire until all the hours are completed. Therefore the termination date is the date on which all the hours are completed.
