Terrorism (Community Protection) Act 2003

On an application under section 22DA, the court may vary the support and engagement order, or the support and engagement plan attached to the order, if satisfied that it is an appropriate way to achieve a therapeutic purpose for the supported person.

Without limiting subsection (1), the court may vary the support and engagement order by imposing a condition in accordance with section 22CR.

If the application seeks the variation of one or more conditions that were attached in accordance with section 22CR, the court must consider, for each variation—

whether the condition as varied would be an appropriate way to achieve a therapeutic purpose for the supported person; and

whether the condition as varied would be no more restrictive than is necessary to achieve that purpose.

If the court considers that a variation sought in the application does not satisfy the criteria set out in subsection (3)(a) and (b), the court must either—

make a different variation that does accord with those criteria; or

decline to vary the condition.

If the application seeks the revocation of one or more conditions that were attached in accordance with section 22CR, the court must consider, for each revocation sought—

whether the condition remains an appropriate way to achieve a therapeutic purpose for the supported person; and

whether the condition is no more restrictive than is necessary to achieve that purpose.

If the court considers that a condition does not satisfy the criteria set out in subsection (5)(a) and (b), the court must revoke the condition.