100ACorrection of sentence or order

100A Correction of sentence or order

[Section 100A Inserted by No. 1 of 2003, s. 14, Applied:16 Apr 2003]

(1)  A sentence passed or an order made by the Court under this Part may be varied or revoked by the Court –

(a) on its own motion initiated within the 3 month period after the sentence was passed or the order was made; or

(b) on an application made within that period by the Secretary, a prescribed person or the affected youth.

(2)  The Court must not vary or revoke a sentence or an order under this section unless it has determined that –

(a) the sentence or order is contrary to the law; or

(b) the Court failed to impose a sentence or make an order that was in conformity with the law; or

(c) the sentence or order included an order that was based on, or contained, an error of fact; or

(d) the youth's circumstances were wrongly stated or not accurately presented to the Court and it is in the interests of justice to vary or revoke the sentence or order.

(3)  A sentence or an order is not to be varied or revoked under this section except –

(a) by the Court constituted as it was when the sentence was passed or the order made; and

(b) after the Court has given the parties an opportunity to be heard.

(4)  Nothing in this section affects the operation of Chapter XLVI of Part IX of the Criminal Code or Part XI of the Justices Act 1959 .