Section 80F — Sentencing Act 2002: Application for variation or cancellation of sentence of home detention

80F Application for variation or cancellation of sentence of home detention (1) An offender who is subject to a sentence of home detention, or a probation officer, may apply for an order under subsection (4) on the grounds that— (a) the offender is unable to comply, or has failed to comply, with any detention conditions: (b) any programme to which the offender is subject is no longer available or suitable for the offender: (c) the home detention residence is no longer available or suitable because of a change in circumstances: (d) 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 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 for an order under subsection (4) if an offender, who is subject to a sentence of home detention, is convicted of an offence punishable by imprisonment. (3) If an offender is subject to special detention conditions in relation to 2 or more sentences of home detention at the same time, a probation officer must apply for an order under subsection (4)(a) if he or she is satisfied that— (a) any of the special conditions are incompatible with each other; or (b) in light of all the conditions to which the offender is subject under the sentences, it is unreasonable to expect the offender to comply with 1 or more of the special conditions. (4) On an application under subsection (1), (2), or (3), 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; or (b) vary the home detention residence; or (c) cancel the sentence; or (d) cancel the sentence and substitute any other sentence (including another sentence of home 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. (5) An application under subsection (1), (2), or (3) may be made at any time before or after the sentence commences. (6) Section 72 applies, with any necessary modifications, to an application under this section. Section 80F: inserted, on 1 October 2007, by section 44 of the Sentencing Amendment Act 2007 (2007 No 27).