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Section 102

Amendment of probation order

of Child Act 2001

ActIn forceProvision 120 of 155
Section 102
(1)

If the Supervising Court is satisfied that a probationer proposes to change or has changed his residence from the district or area named in the probation order to another district or area, the Court may, and if an application on that behalf is made by the probation officer, shall, by order amend the probation order by substituting for the district or area named therein the district or area where the probationer proposes to reside or is residing.

Act 611

WJW22/0178 BI.indd 120 04/08/2023 3:33 PM

Child 121

(2)

If the probation order contains requirements which, in the opinion of the Supervising Court, cannot be complied with unless the probationer continues to reside in the district or area named in the order, the Supervising Court shall not amend the order except in accordance with subsection (4).

(3)

If a probation order is amended under subsection (1), the

Supervising Court shall send to the Court For Children for the new district or area named in the order a copy of the order together with such documents and information relating to the case as it considers likely to be of assistance to the Court For Children.

(4)

Without prejudice to subsections (1) and (3) the Supervising

Court may, on an application made by the probation officer or by the probationer, by order amend the probation order by—

(a)

revoking any of the requirements in the probation order;

or

(b)

inserting in the probation order, either in addition to or in substitution for any such requirement, any requirement which could be included in the order if the order were then being made by the Court in accordance with section 98.

(5)

The Supervising Court shall not amend a probation order under subsection (4) by—

(a)

reducing the probation period; or

(b)

extending that period such that the probation period becomes more than three years.