1964_COMMUNITY_SERVICE_ORDERS_ORDINANCE — Page 8

1984 Ed.]

Community Service Orders

[CAP. 378

7

(5) If it appears—

(a) to a judge of a court by which a community service order

was made; or

(b) in the case of a community service order made by a magistrate or a juvenile court, to a magistrate or a justice

of the peace.

that an offender has been convicted by any court of a subsequent offence, and has been dealt with for that offence but not sentenced under this section for an original offence, the judge, magistrate, or justice of the peace may issue a summons requiring the offender to appear before the court that made the community service order, at the time specified in the summons, or may issue a warrant for his arrest requiring him to be brought before that court and dealt with under subsection (7):

Provided that a magistrate or justice of the peace shall not issue a warrant except on information in writing and on oath.

(6) If a warrant issued under this section directs an offender to be brought before the High Court or the District Court, and the offender cannot forthwith be brought before that court, the warrant shall have effect as if it directed him to be brought before a magistrate or a juvenile court and such magistrate or juvenile court shall commit him to custody or release him on bail with or without sureties until he can be brought before the High Court or District Court, as the case may be.

(7) Where it is proved to the satisfaction of the court before which an offender appears or is brought under subsection (4), (5) or (6) that the offender has been convicted of a subsequent offence. the court-

(a) may sentence him for an original offence in any manner in which the court that made the community service order could have sentenced him if it had just convicted him of the original offence, and may revoke, or vary the terms of, any community service order that is in force in respect of him, or may make no order in respect of it; and

(b) where the offender appears or is brought before the court under subsection (4), may also sentence him for the subsequent offence in any manner in which the court that convicted him of the subsequent offence could have sentenced him.

10. (1) Where a community service order is in force in respect of an offender, a magistrate, on the application of the offender or his supervising probation officer--

(a) may. upon any of the grounds specified in subsec- tion (2), if the community service order was made by a magistrate-

Variation and revocation of community service orders.