1964_COMMUNITY_SERVICE_ORDERS_ORDINANCE — Page 7

6

CAP. 378]

Commission of further offences.

Community Service Orders

[1984 Ed.

(ii) 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 court which made the order if the order had not been made.

(5) A fine imposed under this section in respect of a failure to comply with section 6(1) shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction.

9. (1) An offender who commits an offence whilst a community service order is in force in respect of him (in this section referred to as "a subsequent offence") may be dealt with in respect of the subsequent offence and of any offence for which the community service order was made (in this section referred to as "an original offence") in accordance with this section.

(2) An offender who is convicted and sentenced by a court in respect of a subsequent offence may in addition be sentenced by that court, if it considers it expedient to do so, for an original offence in any manner in which the court that made the community service order could have sentenced the offender if it had just convicted him of the original offence:

Provided that-

(a) a magistrate or a juvenile court shall not by virtue of this subsection sentence an offender for the original offence if the community service order was made by the High Court or the District Court: and

(b) the District Court shall not by virtue of this subsection sentence an offender for the original offence if the community service order was made by the High Court.

(3) Where a court sentences an offender under subsection (2) it may revoke, or vary the terms of, any community service order which is in force in respect of him, or make no order in respect of it.

(4) Where---

(a) a magistrate or a juvenile court convicts an offender of a subsequent offence that was committed whilst a community service order made by the High Court or the District Court was in force in respect of him; or

(b) the District Court convicts an offender of a subsequent offence that was committed whilst a community service order made by the High Court was in force in respect of him.

the court that convicts the offender may, if it thinks fit, without proceeding to sentence order that the offender appear or be brought before the court by which the community service order was made to be dealt with under subsection (7), and for this purpose may commit him to custody or release him on bail (with or without sureties); and a court that so orders shall send to the High Court or the District Court, as the case may be, a copy of the record of the conviction for the subsequent offence.