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Article 119 Direction that variation proceedings be held

Original text. Later amendments are not shown.

(1)

Variation proceedings may be held only in accordance with a direction given under this rule.

(2)

After the conclusion of any proceedings in which a sentence was imposed, the judge advocate for those proceedings may direct the court administration officer to appoint a time and place for variation proceedings in respect of the sentence.

(3)

The judge advocate may give a direction under this rule—

(a)

on the application of the Director or the offender; or

(b)

of his own motion.

(4)

An application for a direction under this rule—

(a)

must be made in writing to the court administration officer, stating the grounds on which it is made;

(b)

if made by the Director, must be served on the offender; and

(c)

if made by the offender, must be served on the Director.

(5)

Where the judge advocate dismisses an application for a direction under this rule, the court administration officer shall notify the Director and the offender of that fact.