21ARevocation of children’s community service order

21A Revocation of children’s community service order

21A Revocation of children’s community service order

(1) On receiving an application for revocation of a children’s community service order, the Children’s Court may—

(a) for an order made by the Children’s Court, do the following—

(i) decide to take no action,

(ii) vary or revoke the conditions of, or impose further conditions on, the order,

(iii) extend the relevant maximum period for the order,

(iv) revoke the order, or

(b) for an order made by some other court, subject to the Bail Act 2013, commit the person to custody until the person can appear or be brought before that other court, whether or not that other court is constituted by the same person as that by whom it was constituted when the order was made.

(2) If, pursuant to subsection (1) (b), a person appears or is brought before a court that made a children’s community service order in respect of the person, the court may do the following—

(a) decide to take no action,

(b) vary or revoke the conditions of, or impose further conditions on, the order,

(c) extend the relevant maximum period for the order,

(d) revoke the order.

(2A) If a court revokes a children’s community service order under subsection (1)(a)(iv) or (2)(d), the court may deal with the person for the offence that resulted in the making of the order in the way the court could have dealt with the person if the order had not been made.

(3) A person on whom a penalty is imposed under subsection (2A)’s community service order under this section has the same rights of appeal as if the penalty had been imposed when the person was convicted of the offence to which the penalty relates.

(4) For the purposes only of determining an application for revocation of a children’s community service order, the order is taken to be in force even if the relevant maximum period has expired.

s 21A: Ins 2001 No 117, Sch 1 [4]. Am 2014 No 5, Sch 2.3; 2024 No 81, Sch 2[2]–[7].