Australian Capital Territory Current Acts

CRIMES (SENTENCING) ACT 2005 - SECT 80ZF

    (1)     The court may, on its own initiative, make an order cancelling the treatment and supervision part of a treatment order if it is satisfied on the balance of probabilities that—

        (a)     the offender has fully or substantially complied with the conditions of the offender's treatment order; and

        (b)     the continuation of the treatment order is no longer necessary to achieve the objects of the order.

    (2)     To avoid doubt, a treatment order that is only made up of a custodial part because of an order of the court under subsection (1) is taken to be a treatment order for this part.

    (3)     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 offender.

    (4)     Failure to comply with subsection (3) does not invalidate the order.

Note     The court must make a good behaviour order in relation to an offender who is the subject of a treatment order if the treatment and supervision part of the order ends before the sentence of imprisonment suspended under the custodial part of the order (see s 80ZA).