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As enacted
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Part II · Community Based Correction Orders

11. Variation of community based correction orders

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

During the continuance in force of a community based correction order, the court entering such order may -

(a)

upon application made by the offender in respect of whom the order is entered or the Commissioner; and

(b)

upon being satisfied that-

(i)

the circumstances of the offender have materially altered since the order was entered and as a result the offender will not be able to comply with any condition of the order; or

(ii)

the circumstances of the offender were wrongly presented, or were not accurately presented, to the court or the author of the pre-sentence report, before the order was made;

(iii)

the offender is no longer willing to comply with the order.

vary the order or cancel it and subject to subsection (2), deal with the offender for the offence or offences in respect of which it was entered in any manner in which the court could deal with the offender if it had just found him or her guilty of that offence or those offences.

(2)

Notice of every application made under subsection (1) to vary or cancel a community based correction order shall be given to the offender to whom the order relates, the

Commissioner and to the Attorney-General.

(3)

In dealing with an offender following the cancellation of a community based correction order entered in respect of that offender, the court shall have regard to the extent to which the offender had complied with the conditions of the order before its cancellation.

Read on from s 12

Part III

General

Read on from Part III

Schedules