26Variation of order conditionally suspending sentence

### 26 Variation of order conditionally suspending sentence > > (1)  A court that has made an order suspending a sentence of imprisonment on conditions may, on application under this subsection – > > > > > > (a) vary the order; or > > > > > > > (b) cancel the order and deal with the offender for the offence or offences in respect of which the order was made in any manner in which the court could deal with the offender had it just convicted the offender of that offence or those offences. > > > (2)  Before the court varies or cancels the order it must be satisfied that – > > > > > > (a) the circumstances of the offender have materially altered since the order was made, as a result of which the offender will not be able to comply with any one or more of the conditions of the order; or > > > > > > > (b) the offender is no longer willing to comply with the order. > > > (3)  If the court cancels the order it must, in determining how to deal with the offender, take into account the extent to which the offender had complied with the order before its cancellation. > > > (4)  An application under [subsection (1)](#GS26@Gs1@EN) may be made by – > > > > > > (a) the offender or DPP if the sentencing court was the Supreme Court; or > > > > > > > (b) the offender, complainant or police prosecutor if the sentencing court was a court of petty sessions. > > > (5)  Notice of an application under [subsection (1)](#GS26@Gs1@EN) by an offender is to be given to – > > > > > > (a) the DPP if the sentencing court was the Supreme Court; or > > > > > > > (b) the complainant or police prosecutor if the sentencing court was a court of petty sessions. > > > (6)  Notice of an application under [subsection (1)](#GS26@Gs1@EN) by a complainant or police prosecutor or the DPP is to be given to the offender. > > > (7)  The court may order that a warrant to arrest be issued against the offender if the offender does not attend before the court on the hearing of the application.