QLDIn ForceAct
Penalties and Sentences Act 1992
sec.151XCourt may revoke treatment order
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### sec.151X Court may revoke treatment order
The court may revoke a treatment order—
on the court’s own initiative, if the court is satisfied the purposes of the treatment order can no longer be achieved, including, for example, because—
the offender is no longer capable of complying with the treatment order because of a physical or psychiatric disability; or
the offender is sentenced to a term of imprisonment for another offence; or
the offender has failed to comply with the treatment order in a material way; or
the offender is no longer willing to comply with the treatment order, or is unlikely to comply with the treatment order for another reason; or
on an application by—
the offender; or
a prosecutor; or
a review team member for the treatment order.
In deciding whether to revoke the treatment order, the court must—
consult with the review team for the treatment order about whether the revocation is appropriate; and
have regard to the extent to which the offender has complied with the treatment order.
s 151X ins 2017 No. 41 s 35
(sec.151X-ssec.1) The court may revoke a treatment order— on the court’s own initiative, if the court is satisfied the purposes of the treatment order can no longer be achieved, including, for example, because— the offender is no longer capable of complying with the treatment order because of a physical or psychiatric disability; or the offender is sentenced to a term of imprisonment for another offence; or the offender has failed to comply with the treatment order in a material way; or the offender is no longer willing to comply with the treatment order, or is unlikely to comply with the treatment order for another reason; or on an application by— the offender; or a prosecutor; or a review team member for the treatment order.
(sec.151X-ssec.2) In deciding whether to revoke the treatment order, the court must— consult with the review team for the treatment order about whether the revocation is appropriate; and have regard to the extent to which the offender has complied with the treatment order.
- (a) on the court’s own initiative, if the court is satisfied the purposes of the treatment order can no longer be achieved, including, for example, because— (i) the offender is no longer capable of complying with the treatment order because of a physical or psychiatric disability; or (ii) the offender is sentenced to a term of imprisonment for another offence; or (iii) the offender has failed to comply with the treatment order in a material way; or (iv) the offender is no longer willing to comply with the treatment order, or is unlikely to comply with the treatment order for another reason; or
- (i) the offender is no longer capable of complying with the treatment order because of a physical or psychiatric disability; or
- (ii) the offender is sentenced to a term of imprisonment for another offence; or
- (iii) the offender has failed to comply with the treatment order in a material way; or
- (iv) the offender is no longer willing to comply with the treatment order, or is unlikely to comply with the treatment order for another reason; or
- (b) on an application by— (i) the offender; or (ii) a prosecutor; or (iii) a review team member for the treatment order.
- (i) the offender; or
- (ii) a prosecutor; or
- (iii) a review team member for the treatment order.
- (i) the offender is no longer capable of complying with the treatment order because of a physical or psychiatric disability; or
- (ii) the offender is sentenced to a term of imprisonment for another offence; or
- (iii) the offender has failed to comply with the treatment order in a material way; or
- (iv) the offender is no longer willing to comply with the treatment order, or is unlikely to comply with the treatment order for another reason; or
- (i) the offender; or
- (ii) a prosecutor; or
- (iii) a review team member for the treatment order.
- (a) consult with the review team for the treatment order about whether the revocation is appropriate; and
- (b) have regard to the extent to which the offender has complied with the treatment order.