Section 54K — Sentencing Act 2002: Variation or cancellation of sentence of intensive supervision

54K Variation or cancellation of sentence of intensive supervision (1) An offender who is subject to a sentence of intensive supervision, or a probation officer, may apply, in accordance with section 72 , for an order under subsection (3) of this section on the grounds that— (a) the offender is unable to comply, or has failed to comply, with any of the conditions of the sentence: (b) any programme to which the offender is subject is no longer available or suitable for the offender: (c) having regard to any change in circumstances since the sentence was imposed and to the manner in which the offender has responded to the sentence,— (i) the rehabilitation and reintegration of the offender would be advanced by the remission, suspension, or variation of any special conditions, or the imposition of additional special conditions; or (ii) the continuation of the sentence is no longer necessary in the interests of the community or the offender. (2) A probation officer may apply, in accordance with section 72 , for an order under subsection (3) of this section if an offender who is subject to a sentence of intensive supervision is convicted of an offence punishable by imprisonment. (3) On an application under subsection (1) or (2), the court may, if it is satisfied that the grounds on which the application is based have been established,— (a) remit, suspend, or vary any special conditions imposed by the court, or impose additional special conditions: (b) cancel the sentence: (c) cancel the sentence and substitute any other sentence (including another sentence of intensive supervision) that could have been imposed on the offender at the time when the offender was convicted of the offence for which the sentence was imposed. (4) If the court varies a special condition or imposes an additional special condition under subsection (3)(a), section 54I applies. (5) When determining a substitute sentence under subsection (3)(c), the court must take into account the portion of the original sentence that remains unserved at the time of the order. (6) If the court cancels a sentence, the sentence expires on the date that the order is made or on any other date that the court may specify. (7) If an application is made under this section for the remission, suspension, or variation of any special condition imposed by the court, a probation officer may suspend the special condition until the application has been heard and disposed of. Section 54K: inserted, on 1 October 2007, by section 24 of the Sentencing Amendment Act 2007 (2007 No 27).