Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 446 · cap/446 (Cap. 446)

Cap. 446 Art. 10Discharge and amendment of probation order.

In KraftAmtlicher Text

(1) The court by which the probation order was made may, upon application made by the Director or by the probationer, cancel the order.

(2) The court by which the probation order was made may, upon application made on a report from the probation officer or upon application made by the Director or by the probationer, by order amend a probation order by cancelling any of the Provided that -

(a) the court shall not amend a probation order by reducing the probation period to less than one year or by extending that period beyond the end of three years from the date of the original order,

(b) when the court proposes to amend a probation order, otherwise than on the application of the probationer, it shall summon the probationer to appear before the court, and if the probationer is not less than fourteen years of age, the court shall not amend a probation order until the probationer expresses willingness to comply with the requirements of the order as amended.

(3) On the making of an order cancelling or amending a probation order, the provisions of article 7(7) and (8) shall mutatis mutandis apply.

(4) Where, under the following provisions of this Act, a probationer is sentenced for the offence for which he was placed on probation, the probation order shall cease to have effect. The court shall direct that a copy of the judgment be transmitted without delay to the Director.