421Variation or revocation of order

421 Variation or revocation of order (1) Subject to subsections (2), (3) and (4), the Secretary or a person in respect of whom a probation order or a youth supervision order is in force may apply to the Court for a variation or the revocation of the order. (2) An application under subsection (1) may be made where— (a) the circumstances of the person— (i) have changed since the making of the order; or (ii) were wrongly stated or were not accurately presented to the Court or the Secretary before sentence; or (b) the person is in custody or is otherwise unable to comply with the order; or (c) the person is no longer willing to comply with the order. (3) If the Secretary is the applicant under subsection (1), the Secretary must, as soon as practicable after the making of the application, send by registered post to, or serve personally on, the person in respect of whom the order is in force a notice of the date set by the Court for the hearing of the application. (4) If the person in respect of whom the order is in force is the applicant under subsection (1), the principal registrar must, as soon as practicable after the making of the application, send by registered post to, or cause to be served personally on, the Secretary a notice of the date set by the Court for the hearing of the application. (5) In dealing with an application under subsection (1), the Court must take into account— (b) the fact of the making of the probation order or youth supervision order (as the case requires); and (c) the extent to and the manner in which the person has complied with the order— and, subject to subsection (6), may make— (d) an order varying the order, but not extending the period of the order, or revoking the order; or (e) an order directing that the order continue in force; or (f) any order in respect of the person which the Court could originally have made if it had not made the order. (6) If a person in respect of whom an application is made under subsection (1) fails to appear before the Court at the time fixed for the hearing of the application, a warrant to arrest the person may be issued by the Court. (7) Division 3 of Part 4 of the **Magistrates' Court Act 1989** applies, with any necessary modifications, to warrants under subsection (6), and in particular with the modification that a reference to the bringing of a person before the Magistrates' Court is to be construed as a reference to bringing the person as soon as practicable before the Children's Court. S. 421(8) amended by No. 68/2009 s. 68(1)(n). (8) If it is not possible for the Court to deal immediately with an application under subsection (1) in respect of which the person has been arrested under subsection (6), for the purposes of granting bail the provisions of this Act and the **Bail Act 1977** apply, with any necessary modifications, and in particular with the modification that a reference to a person accused of an offence or an accused is to be construed as a reference to the person.