Section 121 — Sentencing Act 2002: Application for review of non-association order

121 Application for review of non-association order (1) An offender may, at any time after the expiration of half the period of non-association under a non-association order, apply to the court in accordance with section 123 for the variation or cancellation of the order. (2) If a non-association order is cumulative on a sentence of imprisonment, the offender may, before the period of non-association commences, apply to the court in accordance with section 123 for the variation or cancellation of the order. (3) A probation officer may apply to a court in accordance with section 123 for the variation or cancellation of a non-association order if— (a) the offender who is subject to it is convicted of an offence punishable by imprisonment; or (b) a probation officer believes on reasonable grounds that the offender has failed or is unable to comply with the order. (4) Subsection (3) does not apply if the order is cancelled under section 120 . (5) If an application is made under this section by a probation officer, the probation officer may suspend the order until the application has been heard and disposed of. Compare: 1985 No 120 ss 28H(1) , 28I(1) , (2) , (6) Subsection (4) was amended, as from 7 July 2004, by section 16 Sentencing Amendment Act 2004 (2004 No 68) by substituting the expression “ section 120 ” for the expression “ section 119 ” .