1987 Ed.]
Probation of Offenders
[CAP. 298
5
court shall send for the record in which the original order of probation appears and shall endorse thereon any order it may make or any sentence it may pass, as the case may be, and where the probationer is sentenced for the offence for which he was placed on probation, the probation order shall cease to have effect. (Replaced, 54 of 1961, s. 3)
5. (1) If at any time during the probation period it appears on information to a magistrate that the probationer has failed to comply with any of the requirements of the order, the magistrate may issue a summons requiring the probationer to appear at the place and time specified therein, or may, if the information is in writing and on oath, issue a warrant for his arrest. (Amended, 54 of 1961, s. 4)
(2) If it is proved to the satisfaction of the magistrate's court before which a probationer 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, caution him or impose on him a fine not exceeding $500, or may (Amended, 54 of 1961, s. 4 and 76 of 1979, s. 3)
(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 High 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 High Court or the District Court, as the case may be.
(3) Where the magistrate's court deals with the case as provided in subsection (2)(b), then--
(a) the court shall send to the High Court or the District Court a certificate signed by the magistrate, certifying that the probationer has failed to comply with such of the requirements of the probation order as may be specified in the certificate, together with such other particulars of the case as may be desirable; and a certificate purporting to be so signed shall be admissible as evidence of the failure before the High Court or District Court; and
(b) where the probationer is brought or appears before the High Court or District Court, and it is proved to the satisfaction of such court that he has failed to comply with any of the requirements of the probation order, the court may deal with him, for the offence in respect of which the
Breach of requirements of probation order.
(cf. 1948 c. 58, s. 6.)
1987 Ed.]
Probation of Offenders
[CAP. 298
5
court shall send for the record in which the original order of probation appears and shall endorse thereon any order it may make or any sentence it may pass, as the case may be, and where the probationer is sentenced for the offence for which he was placed on probation, the probation order shall cease to have effect. (Replaced, 54 of 1961, s. 3)
5. (1) If at any time during the probation period it appears on information to a magistrate that the probationer has failed to comply with any of the requirements of the order, the magistrate may issue a summons requiring the probationer to appear at the place and time specified therein, or may, if the information is in writing and on oath, issue a warrant for his arrest. (Amended, 54 of 1961, s. 4)
(2) If it is proved to the satisfaction of the magistrate's court before which a probationer appears or is brought under this section that the probationer has failed to comply with any of the require- ments of the probation order, the court may, without prejudice to the continuance of the probation order, caution him or impose on him a fine not exceeding $500, or may (Amended, 54 of 1961, s. 4
and 76 of 1979, s. 3)
(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 High Court or District Court, commit him to custody or release him on bail (with or without suretics) until he can be brought or appear before the High Court or the District Court, as the case may be.
(3) Where the magistrate's court deals with the case as pro- vided in subsection (2)(b), then--
(a) the court shall send to the High Court or the District Court a certificate signed by the magistrate, certifying that the probationer has failed to comply with such of the require- ments of the probation order as may be specified in the certificate, together with such other particulars of the case as may be desirable; and a certificate purporting to be so signed shall be admissible as evidence of the failure before the High Court or District Court; and
(b) where the probationer is brought or appears before the High Court or District Court, and it is proved to the satisfaction of such court that he has failed to comply with any of the requirements of the probation order, the court may deal with him, for the offence in respect of which the
Breach of requirements of probation order.
(cf. 1948 c. 58, s. 6.)
No comments yet.
Private notes are available after approval.