23Determination of application for variation or revocation

23 Determination of application for variation or revocation

(1) The Court may, in accordance with this section, vary or revoke a serious crime prevention order on an application under section 21(1) or (2).

(2) The Court may vary the serious crime prevention order if—

(a) the Court considers that—

(i) there has been a substantial change in circumstances since the order was made; and

(ii) because of that change, a variation is necessary for the Court to be satisfied as described in section 16(1)(b) and (c); or

Section 16(1)(b) and (c) sets out what the Court must be satisfied of in relation to the conditions imposed under the order.

(b) the respondent consents to the variation.

(3) Nothing in this section permits the Court to vary the order so that it remains in effect for longer than 5 years.

(4) Section 16(4) applies in relation to the imposition of conditions as part of the variation of a serious crime prevention order.

Section 16(4) requires the Court to have regard to what is already required of the respondent by various other instruments.

(5) The Court may revoke the serious crime prevention order if—

(a) the Court is no longer satisfied as described in section 16(1); or

(b) the respondent consents to the revocation.

(6) Consent under subsection (2)(b) or (5)(b) is given by filing with the Court a notice of consent that is signed by the respondent.

S. 24 substituted by No. 37/2024 s. 41.