Crimes (Sentencing) Act 2005

If the sentencing court is satisfied on the balance of probabilities that a young offender subject to a therapeutic correction order has breached any of the therapeutic correction obligations of the order, the court must make 1 or more of the following orders:

confirming the therapeutic correction conditions of the order with no further action to be taken on the breach;

giving the offender a warning about the need to comply with the offender’s therapeutic correction obligations;

amending the therapeutic correction plan in accordance with subsection (2);

cancelling the order and resentencing the offender in any way in which the court could deal with the offender at the time of sentencing.

The court must conduct a review before making an order mentioned in par (c) or (d) (see s 133XV (4)).

The therapeutic correction plan may be amended by adding, modifying or removing plan conditions.

The court may make an order under this section on its own initiative or on application by—

the young offender; or

the director of public prosecutions; or

a member of the therapeutic correction team; or

a person prescribed by regulation.

If the court makes an order under this section, the court must, as soon as practicable after the order is made, ensure that written notice of the order, together with a copy of the order, is given to—

the young offender; and

any other person who the court considers should receive the notice.

Failure to comply with subsection (4) does not invalidate the order.