143Court may re-open proceeding to correct sentencing errors

143 Court may re-open proceeding to correct sentencing errors (1) The Court may re-open proceedings if the Court has: (a) imposed a sentence on a youth that is not in accordance with the law; or (b) failed to impose a sentence that the Court legally should have imposed. (2) If the Court re-opens proceedings: (a) it must give the parties an opportunity to be heard; and (b) it may impose a sentence that is in accordance with the law; and (c) it may amend any relevant conviction or order to the extent necessary to take into account the sentence imposed under paragraph (b). (3) The Court may re-open proceedings: (a) on its own initiative at any time; or (b) on an application by the youth, a person on behalf of the youth, the appropriate authority or a prosecutor made not later than 28 days after the day the sentence was imposed. (4) An application may be made at any time for leave to apply for a re-opening of proceedings after the expiry of the time referred to in subsection (3)(b). (5) Subject to subsection (6), this section does not affect any right of appeal. (6) For the purposes of an appeal under any Act against a sentence imposed under subsection (2)(b), the time within which the appeal must be made starts from the day the sentence is imposed under subsection (2)(b). (7) This section applies to a sentence imposed, or required to be imposed, whether before or after the commencement of this section. Youth Justice Act 2005 94