NTIn ForceAct
Sentencing Act 1995
85Variation of approved treatment facility orders
Start here
Get a plain-English read of 85
Turn the raw legal text into a practical explanation grounded in Sentencing Act 1995.
85 Variation of approved treatment facility orders
(1) A court that has made an order under section 80 may, on
application under this subsection, if satisfied that the offender is no
longer willing to comply with the order or a condition to which the
order is subject, vary or cancel the order and deal with the offender
for the offence 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 the offence.
(2) An application under subsection (1) may be made at any time while
the order is in force by:
(a) the offender; or
(b) a prescribed person or a member of a prescribed class of
persons; or
(c) the prosecutor; or
(d) an authorised psychiatric practitioner nominated by the Chief
Health Officer.
(3) Notice of an application under subsection (1) must be given to:
(a) the offender; and
Sentencing Act 1995 67
(b) where the sentencing court was:
(i) the Supreme Court – the Director of Public Prosecutions;
or
(ii) the Local Court – the complainant or informant.
(4) A court may order that a warrant to arrest the offender be issued