Court’s power on breach of conditional release order—order made for offence other than prescribed indictable offence
246 Court’s power on breach of conditional release order—order made for offence other than prescribed indictable offence
This section applies if the conditional release order was made in relation to an offence other than a prescribed indictable offence.
A court that acts under this section may revoke the conditional release order and order the child to serve the sentence of detention for which the conditional release order was made.
However, instead of revoking the conditional release order, the court may permit the child a further opportunity to satisfy the requirements of the order and, for that purpose, may—
vary the requirements in a way it considers just; or
extend the program period for the order, but not so that the last day of the period is more than 6 months after the court acts under this section.
The onus is on the child to satisfy the court it should permit the child this further opportunity.
If the court decides to extend the program period for the conditional release order, the court must have regard to the period for which the child has complied with the order.
An order may be made under this section even though, at the time it is made, the conditional release order in relation to which the order is made is no longer in force because the period of the conditional release order has ended.
For part 6, division 9, subdivision 4, an order mentioned in this section and made by a Childrens Court magistrate is a sentence order.
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