109Effect of custodial order on time for review

109 Effect of custodial order on time for review

(1) This section applies if an offender is in prison, a police gaol or a designated mental health service serving a custodial sentence or on remand while subject to a supervision order or detention order.

(2) If the time for a review of a supervision order or detention order occurs while the offender
is in custody serving a custodial sentence, the application for review of the order under this Part may be made—

(a) at any time before the release of the offender on parole or from remand; or

(b) as soon as practicable after the offender is released on parole or from remand.

(3) If parole is not granted or the offender is ordered to serve a custodial sentence, and a supervision order or detention order applies to an offender at the end of the custodial sentence, the application for review of the order under this Part may be made—

(a) at any time before the end of the custodial sentence; or

(b) as soon as practicable after the end of the custodial sentence.

(4) If the order will expire during the period that an offender is remanded in custody or serving a custodial sentence, no review is required.

1 An application may be made to renew the order before it expires.

2 See also section 101.

110 Application for review of condition of supervision order or interim supervision order

(1) The Secretary or the offender may at any time (including time during which the offender is remanded in custody or is serving a custodial sentence), with the leave of the court that made the order, apply to the court to review any condition of the supervision order or interim supervision order other than a core condition.

(2) An application may be accompanied by a certificate of available resources or a progress report or both.

(3) The court may grant leave under this section if the court is satisfied that—

(a) new facts or circumstances have arisen since the conditions were made that would justify the review; or

(b) it would generally be in the interests of justice, having regard to the purposes of the conditions and the manner or effect of their implementation, to review the conditions.

(4) Before determining whether to grant leave, the court may request a further certificate of available resources from the Secretary.

(5) The court must have regard to a certificate of available resources in considering the matters under subsection (3).