PART 18ANCILLARY PROCEEDINGS

CHAPTER 2Other ancillary proceedings

Variation or revocation of order for recognizance150

1

An application to the court under section 235(4) for the variation or revocation of an order for a service parent or guardian to enter into a recognizance—

a

shall be made in writing to the court administration officer;

b

shall specify whether the applicant wishes the court—

i

to revoke the order; or

ii

to vary the order, and if so how; and

c

shall specify the grounds on which it is made.

2

The court administration officer shall forward the application to the judge advocate for the proceedings in which the order was made.

3

The judge advocate may—

a

vary or revoke the order;

b

dismiss the application; or

c

direct a hearing of the application.

4

Where, without a hearing, the judge advocate varies or revokes the order or dismisses the application, the court administration officer shall notify the applicant in writing of the judge advocate's decision.

5

Where the judge advocate directs a hearing of the application, the court administration officer shall notify the applicant of the time and place appointed for the hearing.

6

In this rule “the order” means the order under section 233 as respects which the application is made.