Overview

Introduction

This chapter outlines the process and procedures for making an application to the court.

Termination deadline

Any application for a variation or cancellation must be laid before the court before the termination date of the sentence. This is set out in the Summary Proceedings Act.

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.

This chapter contains the following topics:

Before Beginning the Application
Making an Application
Serving the Application
When Offender Makes an Application

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