1964_COMMUNITY_SERVICE_ORDERS_ORDINANCE — Page 9

CAP. 378]

Court to give notice of revocation or variation of community service orders.

Community Service Orders

[1984 Ed.

(i) extend in relation to the order the period of 12 months specified in section 7(b);

(ii) reduce the number of hours that the offender is required by the order to spend performing work; or

(iii) revoke the order, and deal with the offender for the offence in respect of which the order was made in any manner in which he could have been dealt with for that offence by the court which made the order if the order had not been made;

(b) may, if the community service order was made by the High Court or District Court, commit the offender to custody or release him on bail until he can be brought or appear before the High Court or District Court as the case may be and if the magistrate does so, he shall send to that Court such particulars of the case as in the opinion of the magistrate are desirable.

(2) The grounds upon which a magistrate may vary or revoke a community service order under this section are--

(a) that there has been a change of circumstances since the order was imposed that would justify the variation or revocation of the order:

(b) that it is no longer necessary in the interests of the community or the offender that the order should continue;

(c) that no or no more suitable service is available to be performed by the offender for the purpose of the order;

(d) that because of incapacity or for humanitarian or other reasons considered sufficient by the magistrate, it will be impossible for the offender to perform the service before the order expires, or that it would be unreasonable to require him to do so.

(3) Where in pursuance of subsection (1)(b) the offender is brought or appears before the High Court or District Court, the Court may, upon the grounds specified in subsection (2), deal with the offender in any manner specified in subsection (1)(a).

(4) Where a magistrate proposes to exercise his powers under this section otherwise than on the application of the offender he shall summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.

11. Where any court revokes, or extends, or otherwise varies, a community service order it shall forthwith give to the offender, and send to the offender's supervising probation officer and to the principal probation officer, a copy of its order revoking, extending or otherwise varying the community service order.