39Revocation or variation of order on application

39 Revocation or variation of order on application (1) A court which has made a community correction order in relation to an offender may, on application by the Commissioner or offender: (a) revoke the community correction order and deal with the offender as if the offender had come before the court for sentence for the offence for which the order was made; or (b) vary the conditions of the community correction order; or (c) confirm the community correction order. (2) If the Commissioner makes the application: (a) the court must summons the offender to appear before the court at a specified time and place for hearing the application; and (b) if the offender does not appear in answer to the summons – the court may issue a warrant for the offender's arrest. (3) If the offender makes the application, the court may only make an order under subsection (1) if the court is satisfied that the offender is not able to comply with a condition of the order because of a material change in the offender's circumstances. (4) If the offender makes the application, the court must give notice to the Commissioner of: (a) the application; and (b) the time and place fixed for hearing the application. (5) In deciding how to deal with the offender under subsection (1)(a), the court must take into account: (a) the extent to which the offender has complied with the order; and Sentencing Act 1995 20 (b) any fine imposed when the order was made; and (c) any report of the Commissioner. (6) In addition, in making an order under subsection (1), the court may take into account: (a) whether the offender is in custody on a charge for another (b) whether the offender's behaviour is such that the offender's compliance with the terms of the order is impracticable.