sec.247Variation, discharge and resentence in the interests of justice

### sec.247 Variation, discharge and resentence in the interests of justice If a community based order is in force for a child, the child or the chief executive may apply to the court that made the order to— vary the requirements of the order, other than the requirement that the child abstain from violation of the law; or for an order other than a conditional release order— discharge the order; or discharge the order and resentence the child for the offence in respect of which the order was made as if the child had just been found guilty before the court of the offence; or for a restorative justice order—extend the period within which the child’s obligations under the order must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or for a conditional release order—revoke the order and order the child to serve the sentence of detention for which the conditional release order was made. The applicant must give written notice of the making of the application— if the application is made by the child—to the chief executive; or if the application is made by the chief executive—to the child. The court may grant the application if the court considers it would be in the interests of justice, having regard to circumstances that have arisen or become known since the order was made. The application can not be made on the grounds that the child has contravened the order. On an application mentioned in subsection (1) (b) (ii) , the child can not be resentenced to a greater penalty than would be the case if the balance of the order were served. a penalty that would impose a greater degree of restriction on the child’s liberty s 247 ins 2002 No. 39 s 98 amd 2012 No. 41 s 36 ; 2016 No. 38 s 43 ; 2016 No. 39 s 28 (sec.247-ssec.1) If a community based order is in force for a child, the child or the chief executive may apply to the court that made the order to— vary the requirements of the order, other than the requirement that the child abstain from violation of the law; or for an order other than a conditional release order— discharge the order; or discharge the order and resentence the child for the offence in respect of which the order was made as if the child had just been found guilty before the court of the offence; or for a restorative justice order—extend the period within which the child’s obligations under the order must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or for a conditional release order—revoke the order and order the child to serve the sentence of detention for which the conditional release order was made. (sec.247-ssec.2) The applicant must give written notice of the making of the application— if the application is made by the child—to the chief executive; or if the application is made by the chief executive—to the child. (sec.247-ssec.3) The court may grant the application if the court considers it would be in the interests of justice, having regard to circumstances that have arisen or become known since the order was made. (sec.247-ssec.4) The application can not be made on the grounds that the child has contravened the order. (sec.247-ssec.5) On an application mentioned in subsection (1) (b) (ii) , the child can not be resentenced to a greater penalty than would be the case if the balance of the order were served. a penalty that would impose a greater degree of restriction on the child’s liberty - (a) vary the requirements of the order, other than the requirement that the child abstain from violation of the law; or - (b) for an order other than a conditional release order— (i) discharge the order; or (ii) discharge the order and resentence the child for the offence in respect of which the order was made as if the child had just been found guilty before the court of the offence; or - (i) discharge the order; or - (ii) discharge the order and resentence the child for the offence in respect of which the order was made as if the child had just been found guilty before the court of the offence; or - (ba) for a restorative justice order—extend the period within which the child’s obligations under the order must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or - (c) for a conditional release order—revoke the order and order the child to serve the sentence of detention for which the conditional release order was made. - (i) discharge the order; or - (ii) discharge the order and resentence the child for the offence in respect of which the order was made as if the child had just been found guilty before the court of the offence; or - (a) if the application is made by the child—to the chief executive; or - (b) if the application is made by the chief executive—to the child.