11.
(1) 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 prescribed, 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, |
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(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. |
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(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. |
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