Section 69I — Sentencing Act 2002: Variation or cancellation of sentence of community detention

69I Variation or cancellation of sentence of community detention (1) An offender who is subject to a sentence of community detention, or a probation officer, may apply, in accordance with section 72 , for an order under subsection (3) on the grounds that— (a) the offender is unable to comply, or has failed to comply, with any conditions of the sentence; or (b) the curfew address is no longer available or suitable because of a change in circumstances; or (c) having regard to any changes 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 suspension or variation of the curfew period; 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 for an order under subsection (3) if an offender, who is subject to a sentence of community detention, 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) suspend or vary the curfew period; or (b) vary the curfew address; or (c) cancel the sentence; or (d) cancel the sentence and substitute any other sentence (including another sentence of community detention) that could have been imposed on the offender at the time that the offender was convicted of the offence for which the sentence was imposed. (4) When determining a substitute sentence to be imposed under subsection (3)(d), the court must take into account the portion of the original sentence that remains unserved at the time of the order. (5) If the court cancels the sentence, the sentence expires on the date that the order is made or on any other date that the court may specify. (6) If an application is made under this section for the suspension or variation of the curfew period, a probation officer may suspend the curfew period until the application has been heard and disposed of. Section 69I: inserted, on 1 October 2007, by section 33 of the Sentencing Amendment Act 2007 (2007 No 27).