41Review of probation order

### 41 Review of probation order > > (1)  An offender who is subject to a probation order, or an authorised person, may apply to have the order reviewed. > > > (2)  The application is to be made to the court that made the probation order. > > > (3)  A copy of the application and notification of the time and place of the hearing of the application is to be served, at least 7 days before the hearing, on – > > > > > > (a) the offender if the applicant is an authorised person; or > > > > > > > (b) the DPP and the offender's probation officer if the application is made by the offender to the Supreme Court; or > > > > > > > (c) the complainant or police prosecutor, and the offender's probation officer, if the application is made by the offender to a court of petty sessions. > > > (4)  If the applicant is an authorised person, the court may issue a warrant to arrest the offender if – > > > > > > (a) the offender fails to appear at the hearing of the application; or > > > > > > > (b) reasonable efforts have been made to serve the application on the offender but have been unsuccessful. > > > (5)  Subject to [subsections (6)](#GS41@Gs6@EN) and [(7)](#GS41@Gs7@EN) , at the hearing of the application, the court may – > > > > > > (a) vary the probation order; or > > > > > > > (b) cancel the probation order and deal with the offender for the offence or offences in respect of which it was made in any manner in which the court could deal with the offender had it just found the offender guilty of that offence or those offences. > > > (6)  The court must not vary or cancel the probation order unless it is satisfied that – > > > > > > (a) changes in the offender's circumstances since the making of the order have rendered the offender unable to comply with any one or more of the conditions of the order; or > > > > > > > (b) the offender is no longer willing or able to comply with the order. > > > (7)  If the period during which a probation order has effect is extended under [subsection (5)(a)](#GS41@Gs5@Hpa@EN) , the court must not extend that period so that it continues for more than the relevant period specified in [section 39](#GS39@EN) . > > > (8)  In determining how to deal with an offender following the cancellation by it of a probation order, the court must take into account the extent to which the offender had complied with the order before its cancellation.