s. 62 (4) An application must be made before the commencement of a hearing under section 69D in respect of the fine. 62 Notice of application S. 62 substituted by No. 32/2013 Notice of an application under section 61 must be s. 47 (as given— amended by No. 77/2013 (a) to the offender; and ss 45, 48). (b) to the Director of Public Prosecutions (if the sentencing court was the Supreme Court or the County Court) or to the informant or police prosecutor (if the sentencing court was the Magistrates' Court). 63 Variation or cancellation of order S. 63 substituted by No. 32/2013 (1) On an application under section 61, the court may s. 47 (as vary the order or cancel it if the court is amended by No. 77/2013 satisfied— ss 45, 48). (a) that the circumstances of the offender have materially altered since the order was made and as a result the offender is unable to comply with the order; or (b) that the circumstances of the offender were wrongly stated or were not accurately presented to the court or the author of a presentence report before the order was made; or (c) that the offender is no longer willing to comply with the order. (2) If the court cancels the order, it may, subject to subsection (3), deal with the offender for the offence or offences with respect to which it was made in any manner in which the court could deal with the offender if it had just found the offender guilty of that offence or those offences.
(4) An application must be made before the commencement of a hearing under section 69D in respect of the fine. S. 62 substituted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 62 Notice of application s. 62 Notice of an application under section 61 must be given— (a) to the offender; and (b) to the Director of Public Prosecutions (if the sentencing court was the Supreme Court or the County Court) or to the informant or police prosecutor (if the sentencing court was the Magistrates' Court). S. 63 substituted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 63 Variation or cancellation of order (1) On an application under section 61, the court may vary the order or cancel it if the court is satisfied— (a) that the circumstances of the offender have materially altered since the order was made and as a result the offender is unable to comply with the order; or (b) that the circumstances of the offender were wrongly stated or were not accurately presented to the court or the author of a presentence report before the order was made; or (c) that the offender is no longer willing to comply with the order. (2) If the court cancels the order, it may, subject to subsection (3), deal with the offender for the offence or offences with respect to which it was made in any manner in which the court could deal with the offender if it had just found the offender guilty of that offence or those offences.
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