114Determination of application for review of intensive treatment and supervision condition

114 Determination of application for review of intensive treatment and supervision condition (1) On an application under section 113, the court must revoke the intensive treatment and supervision condition unless the court is satisfied that— (a) the condition is necessary to reduce the risk of the offender committing a serious sex offence or a serious violence offence or both; and (b) the risk cannot be reduced using a less restrictive means of supervision. (2) In making a determination under subsection (1), the court must have regard to— (a) whether the treatment and services referred to in the treatment and supervision plan were offered to the offender; and (b) the offender's engagement with or participation in the treatment and services; and (c) whether any changes are required to the treatment and supervision plan. (3) If the court is satisfied as required by subsection (1), the court may— (a) confirm the intensive treatment and supervision condition; or (b) if the court is satisfied that exceptional circumstances exist, extend the condition for a period not exceeding 12 months specified by the court. Part 9—Appeals Division 1—Appeals relating to orders made under Part 3, 4, 5, 6, 7 or 8 115 Appeal by offender (1) An offender who is subject to a supervision order, an interim supervision order, a detention order or an interim detention order may appeal to the Court of Appeal against a decision made by a court— (a) to make the order; or (b) to renew or extend the order; or (c) to impose conditions (other than core conditions) on the order; or (d) to declare a condition on a supervision order or an interim supervision order to be a restrictive condition under section 41; or (e) to extend an intensive treatment and supervision condition imposed on the order; or (f) to cancel or suspend the offender's firearms authority; or (g) to revoke or suspend— (i) a weapons approval held by the offender; or (ii) the application of a weapons exemption to the offender; or (h) to specify a particular period of operation of the order; or (i) not to revoke the order on a review under Part 8; or (j) to revoke the order and make a new supervision order or detention order. (2) An offender who is subject to an emergency detention order may appeal to the Court of Appeal against a decision made by the Supreme Court— (a) to make the order; or (b) to specify a particular period of operation of the order.