Either offender or probation officer
Either the offender or the probation officer may apply to the court seeking:
- variation of conditions (to remit, vary, discharge, suspend conditions; or impose additional conditions)
- cancellation (of the sentence), or
- cancellation and substitution (of the existing sentence with another sentence).
The offender will have been informed during induction that this option is available to them.
When offender should apply
On some occasions, it will be more appropriate for the offender to make an application rather than the probation officer.
Examples:
- the offender has gained employment which means he/she will no longer be able to attend to a special condition such as a programme, but wants to proceed with the sentence
- the offender wants to move overseas before the end of the sentence and believes they have completed all necessary requirements of the sentence, or
- the offender wishes to live with a victim of domestic violence by the offender, and there is no special condition requiring non-association with that victim.
If the probation officer has considered the request and does not support it, this must be made clear to the offender. In this situation, the probation officer should also make a submission to the court to make their position clear.
