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CRIMES (SENTENCING) ACT 2005 - SECT 133XV

Therapeutic correction orders—review

    (1)     The sentencing court may review a therapeutic correction order for a young offender at any time and for any reason if it is satisfied the review is in the interests of justice.

Note     The court may also review the offender's bail at any time, see the Bail Act 1992

, s 41A.

    (2)     The court may review a therapeutic correction order—

        (a)     on its own initiative; or

        (b)     on application by—

              (i)     the defence; or

              (ii)     the CYP director-general; or

              (iii)     any other member of the therapeutic correction team.

    (3)     The court may carry out a review under this division in any way it considers appropriate.

    (4)     However, the court must conduct a hearing for a review
in which the court is considering making an order under section 133XT (1) (c) or (d).

    (5)     An entity mentioned in subsection (2) (b) may appear at a hearing of the review.

    (6)     The court may, on the review, confirm or amend the order as the court considers appropriate.

    (7)     If the court amends the order, the court must, as soon as practicable, ensure that written notice of the review decision, together with a copy of the amended order is given to—

        (a)     the young offender; and

        (b)     any other person who the court considers should receive the notice.

    (8)     Failure to comply with subsection (7) does not invalidate the order as amended.

    (9)     In this section:

"defence" means—

        (a)     any lawyer representing the young offender; or

        (b)     if the young offender is not legally represented—the young offender.



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