Making an Application

Steps to take

The following table outlines the steps to take to make an application.

Step	Action
1	Record the reasons for the application in IOMS casenotes.
2	Establish the hearing date, create an application file and prepare the following documents: an application cover sheet an affidavit cover sheet the application the affidavit a letter to the court (notice of service), and a letter to the police. Note: A service manager is to check the application before proceeding past this point.
3	Ensure the application includes: details of the existing sentence(s) offender’s response to the sentence(s) why the application is being made, including information supporting the application, and what outcome the probation officer/senior community work supervisor is seeking. Note: Also include if the offender has been consulted about this outcome, and if any further enquires are necessary.
4	Make an original and four copies of the documents. The original is for the court (except the notice of service, which is a copy). One copy is for the offender (with the original notice statement of service). One copy is for the offender’s counsel. One copy is for the probation officer/senior community work supervisor and sentence file. One copy is for the original prosecuting agent (police). Note:The sworn copy must be retained on file.
5	Arrange for the original of the application to be filed at the relevant court.
6	Serve the application on the offender and request their signature on the acknowledgement of service. This is to be retained on the file. Note: If they do not sign, write “Offender is unable/ refuses to sign” on the form.
7	Retain a copy of the application in case notes, and enter details of it into the application management tab.
8	Swear/affirm before the registrar a proof of service, or non-service, affidavit of the application.

Forms used

The following forms are available on Corrnet to be used when making an application:

an application cover sheet, to request a variation or cancellation by a district court
an application sheet, to detail the reasons for the request
acknowledgement of service, to advise the offender of the application, and
an affidavit, to provide evidence if unable to serve the application.

Purpose of affidavit

The purpose of the affidavit is to support the application by providing specific evidence to support the grounds for the application, including specific instances of compliance and non-compliance.

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