161I Determination of rehearing (1) On rehearing a matter under section 161H, if the Court is satisfied, on the balance of probabilities, that a ground referred to in section 161H(3) has been established the Court may— (a) cancel the order made under section 161C(4)(e); and (b) exercise any power available to the Court under section 161C in respect of the person. (2) If the Court is not satisfied that a ground referred to in section 161H(3) has been established, the Court— (a) must confirm the order to imprison the person under section 161C(4)(e); and (b) may— (i) issue a warrant to imprison the person under section 161D(2)(a) if the person is not in custody; and (ii) lift a stay on an instalment order (if any) made in respect of the person under section 161D(2)(b). (3) Subject to section 161H(4), the Court may only rehear a matter once. 161J Application for bail pending rehearing (1) A person serving an order of imprisonment under section 161C(4)(e) who makes an application under section 161H may apply to the Court to be granted bail in accordance with the Bail Act 1977. (2) On an application for bail under subsection (1), the Court may grant the person bail pending rehearing of the matter.
161I Determination of rehearing (1) On rehearing a matter under section 161H, if the Court is satisfied, on the balance of probabilities, that a ground referred to in section 161H(3) has been established the Court may— (a) cancel the order made under section 161C(4)(e); and (b) exercise any power available to the Court under section 161C in respect of the person. (2) If the Court is not satisfied that a ground referred to in section 161H(3) has been established, the Court— (a) must confirm the order to imprison the person under section 161C(4)(e); and (b) may— (i) issue a warrant to imprison the person under section 161D(2)(a) if the person is not in custody; and (ii) lift a stay on an instalment order (if any) made in respect of the person under section 161D(2)(b). (3) Subject to section 161H(4), the Court may only rehear a matter once. 161J Application for bail pending rehearing (1) A person serving an order of imprisonment under section 161C(4)(e) who makes an application under section 161H may apply to the Court to be granted bail in accordance with the Bail Act 1977. (2) On an application for bail under subsection (1), the Court may grant the person bail pending rehearing of the matter.
06-12a046.docx