57DWhen order deferring sentence may be revoked

### 57D When order deferring sentence may be revoked > [*\[Section 57D of Part 8 Inserted by No. 48 of 2016, s. 24, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS24@EN) > > > (1)  A court, on its own motion or on application under this subsection, may revoke an order made under [section 7(eb)](#GS7@Hpeb@EN) in relation to an offender in respect of an offence and proceed to sentence the offender under [section 7](#GS7@EN) in respect of the offence. > > > (2)  An application under [subsection (1)](#GS57D@Gs1@EN) may be made by the offender or the prosecutor. > > > (3)  An application under [subsection (1)](#GS57D@Gs1@EN) is to be in writing. > > > (4)  A copy of an application under [subsection (1)](#GS57D@Gs1@EN) and notice of the time and place of the hearing in relation to the application are to be, at least 7 days before the hearing of the application – > > > > > > (a) served on the prosecutor, if the application is made by the offender; or > > > > > > > (b) served on the offender, if the application is made by the prosecutor. > > > (5)  [Subsections (3)](#GS57D@Gs3@EN) and [(4)](#GS57D@Gs4@EN) do not apply in relation to an application under [subsection (1)](#GS57D@Gs1@EN) and the notice of the time and place of the hearing in relation to the application, if the prosecutor and the offender agree that those subsections are not to apply. > > > (6)  A court must not, under this section, revoke an order in relation to an offender unless the offender is before the court. > > > (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 an application under [subsection (1)](#GS57D@Gs1@EN) . > > > (8)  A court may remand an offender on bail, or in custody, to appear before another court if – > > > > > > (a) an application under [subsection (1)](#GS57D@Gs1@EN) is made in relation to the offender; or > > > > > > > (b) the court is of the opinion that the offender or the prosecutor intends to make an application under [subsection (1)](#GS57D@Gs1@EN) in relation to the offender.