78Variation of order for release on adjournment

78 Variation of order for release on adjournment (1) A court which has under Subdivision (2) or (3) made an order for the release of an offender on an adjournment (with or without recording a conviction) may, on application under this subsection, if satisfied— (a) that the circumstances of the offender have materially altered since the order was made and as a result the offender will not be able to comply with any condition of the undertaking; or (b) that the circumstances of the offender were wrongly stated or were not accurately presented to the court or the author of a pre‑sentence report before the order was made; or (c) that the offender is no longer willing to comply with the conditions of the undertaking— vary the order or cancel it and, subject to subsection (2), deal with the offender for the offence or offences with respect to which it was made in any manner in which the court could deal with the offender if it had just found the offender guilty of that offence or those offences. S. 78(2) substituted by No. 65/2011 s. 32. (2) A court, in determining how to deal with an offender under subsection (1) must take into account the extent to which the offender has complied with the order. (3) An application under subsection (1) may be made at any time while the order is in force by— (b) a prescribed person, or a member of a prescribed class of persons; or (c) the Director of Public Prosecutions. (4) Notice of an application under subsection (1) must be given— (b) to the Director of Public Prosecutions (if the sentencing court was the Supreme Court or the County Court) or to the informant or police prosecutor (if the sentencing court was the Magistrates' Court). (5) The court may order that a warrant to arrest be issued against the offender if he or she does not attend before the court on the hearing of the application. S. 79 amended by Nos 48/1997 s. 21, 10/1999 s. 30, 68/2009 s. 97(Sch. items 110.55– 110.58), repealed by No. 65/2011 s. 33. Pt 3 Div. 6 (Heading) substituted as Pt 3B Div. 3 (Heading) by No. 65/2011 s. 34, renumbered as Pt 3BA Div. 2 by No. 26/2012 s. 58. Division 2—Intellectually disabled offenders S. 80 amended by Nos 48/1997 ss 14(8), 28(1), 46/1998 s. 7(Sch. 1), 23/2006 s. 227, substituted by No. 65/2011 s. 35.