114Remission of sentence by Administrator

114 Remission of sentence by Administrator (1) In this section, remission order means an order made under subsection (2). (2) The Administrator may, by writing under his or her hand, order the remission, with or without conditions, of a sentence of imprisonment under, or in respect of an offence against, a law of the Territory. (3) The Administrator may, by writing under his or her hand: (a) vary or revoke the conditions to which a remission order is subject; or (b) impose additional conditions on a remission order; or (c) revoke a remission order. (4) Where a remission order has been: (a) revoked; or (b) contravened or a condition to which the remission order is subject has not been complied with; a police officer may, without warrant, arrest the person released under the remission order.

Sentencing Act 1995 92 (5) Where information is laid before a justice of the peace alleging that a remission order has been: (a) revoked; or (b) contravened or a condition to which the remission order is subject has not been complied with; the justice of the peace may issue a warrant for the arrest of the person released under the remission order. (6) A justice of the peace must not issue a warrant under subsection (5) unless: (a) the informant and any other person furnishing information required by the justice of the peace concerning the issue of the warrant furnishes the information on oath; and (b) the justice of the peace is satisfied that there are reasonable grounds for issuing the warrant. (7) Where a person has been arrested under subsection (4)(a) or (5)(a), the person must, as soon as practicable, be brought before the Local Court and the Local Court must, if satisfied that the remission order has been revoked, issue a warrant for the commitment of the person into the custody of the Commissioner to serve the part of the term of imprisonment that the person had not served at the time the remission order was made. (8) Where a person has been arrested in accordance with subsection (4)(b) or (5)(b), the person must, as soon as practicable, be brought before the Local Court and, if the Local Court is satisfied that the person has, without lawful excuse, contravened a condition of the remission order, the Local Court may revoke the remission (9) A person brought before the Local Court in accordance with subsection (7) or (8) must, unless the Local Court determines otherwise, be kept in custody until the Local Court has determined the matter. (10) Where, under subsection (8), a remission order is revoked in respect of a person who was serving a term of imprisonment at the time that the remission order was made, the Local Court may issue a warrant for the commitment of the person into the custody of the Commissioner to serve the part of the term of imprisonment that the person had not served at the time that the remission order was made.

Sentencing Act 1995 93 (11) Where the Local Court acting in accordance with subsection (8) revokes a remission order, the person in respect of whom the remission order was made may appeal to the Supreme Court against the revocation, and the Supreme Court must, if it is: (a) satisfied that the grounds under which the remission order was revoked have been established – confirm the revocation; or (b) not so satisfied – order that the revocation cease to have effect. (12) Part VI, Division 2 of the Local Court (Criminal Procedure) Act 1928 applies to and in relation to an appeal made under subsection (11).