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Fines Reform Act 2014
171IDetermination of rehearing
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171I Determination of rehearing
S. 171I(1) amended by No. 17/2022 s. 61(1).
(1) On rehearing a matter under section 171H, if the relevant court is satisfied, on the balance of probabilities, that a ground referred to in section 171H(3) has been established, the court may—
(a) cancel the order made under section 171C(4)(e); and
S. 171I(1)(b) amended by No. 17/2022 s. 61(1)(b).
(b) exercise any power available to the court under section 171C in respect of the person.
S. 171I(2) amended by No. 17/2022 s. 61(2).
(2) If the relevant court is not satisfied that a ground referred to in section 171H(3) has been established, the court—
(a) must confirm the order to imprison the person under section 171C(4)(e); and
(b) may—
(i) issue a warrant to imprison the person under section 171D(2)(a) if the person is not in custody; and
(ii) lift a stay on an instalment order (if any) made in respect of the person under section 171D(2)(b).
S. 171I(3) amended by No. 17/2022 s. 61(3).
(3) Subject to section 171H(4), the relevant court may only rehear a matter once.
S. 171J inserted by No. 29/2016 s. 42.