1964_COMMUNITY_SERVICE_ORDERS_ORDINANCE — Page 6

1984 Ed.]

Community Service Orders

[CAP. 378

5

PART III

BREACHES AND VARIATION OF COMMUNITY SERVICE ORDERS

8. (1) An offender who fails to comply with section 6(1) (whether by reason of a failure satisfactorily to comply with the conditions or requirements of his community service order, or otherwise) may be dealt with in accordance with this section.

(2) If at any time while a community service order is in force in respect of an offender it appears on information to a magistrate that the offender has failed to comply with section 6(1), the magistrate may issue a summons requiring the offender to appear before a magistrate at the time specified therein, or may, if the information is in writing and on oath, issue a warrant for his arrest.

(3) If it is proved to the satisfaction of the magistrate before whom an offender appears or is brought under this section that he has failed without reasonable excuse to comply with section 6(1) the magistrate may, without prejudice to the continuance of the order, impose on him a fine not exceeding $1,000 or may--

(a) if the community service order was made by a magistrate revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which the offender could have been dealt with for that offence by the magistrate who made the order if the order had not been made;

(b) if the order was made by the High Court or District Court, commit the offender to custody or release him on bail (with or without sureties) until he can be brought or appear before the High Court or District Court, as the case may be.

(4) Where a magistrate deals with an offender's case under subsection (3)(b)--

(a) the magistrate shall send to the High Court or District Court a certificate signed by the magistrate certifying that the offender has failed to comply with section 6(1) in the respect specified in the certificate, together with such other particulars of the case as are in the opinion of the magistrate desirable, and a certificate purporting to be so signed shall upon its production be admissible without further proof as evidence before the High Court or District Court of the failure to comply; and

(b) where the offender is brought or appears before the High Court or District Court and that court is satisfied that he has failed to comply with section 6(1), that court may either-

(i) without prejudice to the continuance of the order, impose on the offender a fine not exceeding $1,000; or

Breach of

section 6.