Once a decision refusing discharge has become final, who may have the individual rehabilitation procedure dismissed, and must the court act?
General information · Not legal advice
Material to check
For a practice file, we read the decision refusing discharge and any paper showing that it has become final, since finality is the condition the provision turns on. We also read any application filed by a person claiming an interest, because the court must make the dismissal decision either on such an application or on its own.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the court's duty as unconditional once the condition is met: where a decision refusing discharge has become final, the court shall dismiss the individual rehabilitation procedure, whether an interested person applies for that or the court acts on its own initiative.
Another reading stresses the word 'final': while a decision refusing discharge can still be challenged, the condition the provision sets is not yet met, and the provision does not say who counts as an interested person, leaving that to be shown from the file.
Your judgment
How could a file show that a person applying is an interested person, and that the refusal of discharge can no longer be challenged?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the grounds or the court's duty, or if a court decision clarifies when a refusal of discharge becomes final or who counts as an interested person.