sec.59Determination of application

### sec.59 Determination of application The court to which an application is made under section 55 , or the proper officer of the court to whom an application is made under section 58 , must cause written notice to be given to the offender of the time and place at which it is proposed to determine the application. Subsection (1) does not apply if— the offender is personally before the court or proper officer of the court when the application is made; and the application is to be dealt with immediately. The offender may appear before the court or proper officer of the court at the time and place mentioned in the notice unless the applicant is in lawful custody at that time. If the offender does not appear before the court or proper officer of the court at the time and place mentioned in the notice, the application may be determined in the offender’s absence. In determining whether to grant or refuse the application, consideration must be given to— the information contained in the application; and the information relating to the offender, and the offence to which the application relates, that was before the court when the original order was made. s 59 amd 1993 No. 36 s 2 sch 1 ; 1999 No. 70 s 166 sch 1 (sec.59-ssec.1) The court to which an application is made under section 55 , or the proper officer of the court to whom an application is made under section 58 , must cause written notice to be given to the offender of the time and place at which it is proposed to determine the application. (sec.59-ssec.2) Subsection (1) does not apply if— the offender is personally before the court or proper officer of the court when the application is made; and the application is to be dealt with immediately. (sec.59-ssec.3) The offender may appear before the court or proper officer of the court at the time and place mentioned in the notice unless the applicant is in lawful custody at that time. (sec.59-ssec.4) If the offender does not appear before the court or proper officer of the court at the time and place mentioned in the notice, the application may be determined in the offender’s absence. (sec.59-ssec.5) In determining whether to grant or refuse the application, consideration must be given to— the information contained in the application; and the information relating to the offender, and the offence to which the application relates, that was before the court when the original order was made. - (a) the offender is personally before the court or proper officer of the court when the application is made; and - (b) the application is to be dealt with immediately. - (a) the information contained in the application; and - (b) the information relating to the offender, and the offence to which the application relates, that was before the court when the original order was made.