Discharge. amend- ment and review of probation orders. Fot. 11 & 12, Geo. V1, 0. 58. Schedule 1.]
ref. 11 &
c. 58.
12, Geo. VI. *. 5(2)-(4).]
4. (1) The court by which a probation order was made may, upon application made by the probation officer responsible for the supervision of the offender or by the probationer, discharge the order.
(2) Any court may, upon application made by the probation officer responsible for the supervision of the offender or by the probationer, by order amend a probation order by cancelling any of the requirements thereof or by inserting therein (either in addition to or in substitution for any such requirement) any requirement which could be included in the order if it were then being made by that court in accordance with the provisions of subsection (2) of section 3 of this Ordinance:
Provided that-
(4) a court shall not amend a probation order by reducing the probation period, or by extending that period beyond the end of three years from the date of the original probation order;
(b) a court shall not so amend a probation order that the probationer is thereby required to reside in an approved institution for any period exceeding twelve months in all.
(3) Where a court proposes to amend a probation order under this section, otherwise than on the application of the pro- bationer, it shall summon him to appear before the court; and if the probationer is not less than fourteen years of age, the court shall not amend a probation order unless the probationer expresses his willingness to comply with the requirements of such probation order as amended:
Provided that this subsection shall not apply to an order cancelling a requirement of a probation order or reducing the period of any requirement thereof.
(4) Where a probation order, whether as originally made or as amended under the provisions of this section, requires the probationer to reside in an approved institution for a period extending beyond six months from the date of the order as originally made or of the amending order, as the case may be, the probation officer shall, as soon as may be after the expiration of six months after such date, report on the case to the court by which such probation order or such amending order, as the case may be, was made.
(5) On receipt of any report made under subsection (4) of this section the court shall review the probation order for the purpose of considering whether to cancel the requirement as to residença or reduce the period thereof, and may, if it thinks fit, amend the order accordingly without the necessity for any application in that behalf.
(6) Where, under any provisions of this Ordinance, a pro- bationer is sentenced for the offence for which he was placed on probation, the probation order shall cease to have effect.
ments of
5. (1) If at any time during the probation period it appears Breach of
require- on information to a magistrate that the probationer has failed to comply with any of the requirements of the order, the magistrate probation may issue a summons requiring the probationer to appear at the f 11 & place and time specified therein.
(2) If it is proved to the satisfaction of the magistrate's court before which a probitioner appears or is brought under this section that the probationer has failed to comply with any of the requirements of the probation order, the court may, without prejudice to the continuance of the probation order, impose on him a fine not exceeding one hundred dollars, or may-
(a) if the probation order was made by a magistrate's court, deal with the probationer for the offence in respect of which the probation order was made, in any manner in which the court could deal with him if he had just been tried for or convicted of that offence by or before that court or refer the case to the court by which the probation order was made;
(b) if the probation order was made by the Supreme Court or District Court, commit him to custody or release him on bail (with or without sureties) until he can be brought or appear before the Supreme Court or the District Court, as the case may be.
(3) Where the magistrate's court deals with the case as provided in paragraph (b) of subsection (2) of this section, then- (a) the court shall send to the Supreme Court or the District Court a certificate signed by the magistrate, certifying that the probationer has failed to comply with such of the
onder,
12. Geo. VI. *. 58, s. 6.]