sec.58Proper officer must reconsider offender’s financial position

### sec.58 Proper officer must reconsider offender’s financial position If— an offender has previously been refused a fine option order; and the court records show that the refusal was made because of section 57 (1) (a) ; and the proper officer of the court is satisfied that the offender’s financial position has become significantly worse since the refusal; the proper officer must consider a fresh application, if made, by the offender for a fine option order. The application must— be made to the proper officer of the court that, or the proper officer who, previously refused an application for a fine option order; and be in the approved form; and state how the offender’s financial position has become significantly worse; and be signed by the applicant; and be lodged— if the court is the Supreme Court or a District Court—in the registry of the court; or if the court is a Magistrates Court—with the clerk of the court. The offender may make the application even though a warrant of commitment has been issued or executed in relation to the original order. The offender can not make more than 1 application under subsection (1) . s 58 ins 1993 No. 36 s 6 amd 1999 No. 70 s 166 sch 1 (sec.58-ssec.1) If— an offender has previously been refused a fine option order; and the court records show that the refusal was made because of section 57 (1) (a) ; and the proper officer of the court is satisfied that the offender’s financial position has become significantly worse since the refusal; the proper officer must consider a fresh application, if made, by the offender for a fine option order. (sec.58-ssec.2) The application must— be made to the proper officer of the court that, or the proper officer who, previously refused an application for a fine option order; and be in the approved form; and state how the offender’s financial position has become significantly worse; and be signed by the applicant; and be lodged— if the court is the Supreme Court or a District Court—in the registry of the court; or if the court is a Magistrates Court—with the clerk of the court. (sec.58-ssec.3) The offender may make the application even though a warrant of commitment has been issued or executed in relation to the original order. (sec.58-ssec.4) The offender can not make more than 1 application under subsection (1) . - (a) an offender has previously been refused a fine option order; and - (b) the court records show that the refusal was made because of section 57 (1) (a) ; and - (c) the proper officer of the court is satisfied that the offender’s financial position has become significantly worse since the refusal; - (a) be made to the proper officer of the court that, or the proper officer who, previously refused an application for a fine option order; and - (b) be in the approved form; and - (c) state how the offender’s financial position has become significantly worse; and - (d) be signed by the applicant; and - (e) be lodged— (i) if the court is the Supreme Court or a District Court—in the registry of the court; or (ii) if the court is a Magistrates Court—with the clerk of the court. - (i) if the court is the Supreme Court or a District Court—in the registry of the court; or - (ii) if the court is a Magistrates Court—with the clerk of the court. - (i) if the court is the Supreme Court or a District Court—in the registry of the court; or - (ii) if the court is a Magistrates Court—with the clerk of the court.