1964_PROBATION_OF_OFFENDERS_ORDINANCE — Page 7

6

CAP. 298]

Probation of Offenders

[1987 Ed.

Commission of

further offence.

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.

(4) A fine imposed under this section in respect of a failure to comply with the requirements of a probation order shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction (which expression includes any costs or compensation adjudged to be paid by the conviction of which the amount is ascertained by the conviction). (Amended, 54 of 1961, s. 4 and 48 of 1972, s. 4)

6. (1) If it appears to a judge or magistrate on whom jurisdiction is hereinafter conferred that a person in whose case a probation order or an order for conditional discharge has been made has been convicted by any court in the Colony of an offence committed during the probation period or during the period of conditional discharge, and has been dealt with in respect of that offence, the judge or magistrate may issue a summons requiring that person to appear at the place and time specified therein, or may issue a warrant for his arrest:

Provided that a magistrate shall not issue such a warrant except on information in writing and on oath.

(2) The following persons shall have jurisdiction for the purposes of subsection (1), that is to say--

(a) if the probation order or the order for conditional discharge was made by the High Court, a judge of the High Court;

(b) if the order was made by the District Court, a district judge;

(c) if the order was made by a magistrate's court, or juvenile court, a magistrate or a justice of the peace, as the case may be.

(3) A summons or warrant issued under this section shall direct the person so convicted to appear or be brought before the court by which the summons or warrant was issued or before the court by which the probation order or the order for conditional discharge was made: (Amended, 54 of 1961, s. 5)

Provided that if that court is the High Court or the District Court and he cannot forthwith be brought before that court a summons or warrant shall have effect as if it directed him to be brought before a magistrate's court or juvenile court and such magistrate's court or juvenile court shall 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 District Court, as the case may be.

(4) If a person in whose case a probation order or an order for conditional discharge has been made by the High Court or the District Court...