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Youth Justice Act 2005
142Review of sentencing orders
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142 Review of sentencing orders
(1) This section applies if the Court is satisfied, on an application by the
youth, a person on behalf of the youth, the appropriate authority or
a prosecutor:
(a) that circumstances, including those of the youth, have
materially changed and as a result the youth will not be able to
continue to comply with an order or a condition or continuing
obligation; or
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(b) that the youth is no longer complying with, or is no longer
willing to comply with, an order or a condition or continuing
obligation.
(2) The Court may do any of the following:
(a) discharge the order;
(b) confirm or vary the order;
(c) revoke the order and deal with the youth under section 83 as if
it had just found him or her guilty of the relevant offence or
(3) In determining how to deal with the youth under subsection (2), the
Court must take into account the extent to which the youth had
complied with the order or conditions or continuing obligation before
the application was made.
(4) If the order the Court is reviewing is a community work order, the
grounds for reviewing such an order include the following:
(a) that the youth is in custody on a charge for another offence;
(b) that the youth's behaviour is such that the carrying out of the
terms of the order is impracticable;
(c) that the operation of the order offends other persons.
(5) In dealing with a youth under this section, the Court must not
(6) An appeal lies to the Supreme Court from any order made by the
Youth Justice Court under subsection (2).
(7) If an application is made by or on behalf of the youth under this
section, the Court must cause notice of the application, and of the
time and place fixed for the hearing, to be given to the appropriate
authority.
(8) If an application is made by the appropriate authority or a
prosecutor under this section, notice of the application must be
given to the youth.
(9) If the youth does not attend the hearing of the application, the Court
may issue a warrant for the arrest of the youth.
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