2.
(1) If at any time while a relevant order is in force in respect of an offender it appears on information to a magistrate that the offender has failed to comply with any of the requirements of the order, the magistrate may—
(a) issue a summons requiring the offender to appear at the place and time specified in the summons; or
(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.
(2) Any summons or warrant issued under this paragraph shall direct that the offender appear or be brought before a magistrate's court.
3.
(1) If it is proved to the satisfaction of the magistrate's court before which an offender appears or is brought under paragraph 2 that the offender has failed without reasonable excuse to comply with any of the requirements of the relevant order, the Court may deal with the offender in respect of the failure in any one of the following ways, namely—
(a) it may impose on the offender a fine not exceeding $2,500;
(b) subject to paragraph 6(2) and (3) it may make an extra mural order in respect of the offender;
(c) where the relevant order was made by a magistrate's court, it may revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with the offender if the offender had just been convicted by the Court of the offence.
(2) In dealing with an offender under subparagraph (1)(c), a magistrate's court shall take into account the extent to which the offender has complied with the requirements of the relevant order.
(3) Where a relevant order was made by the High Court and a magistrate's court has power to deal with the offender under subparagraph (1)(a) or (b), the latter Court may, instead, commit the offender to custody or release the offender on bail until the offender can be brought or appear before the High Court.
(4) A magistrate's court which deals with an offender's case under subparagraph (3) shall send to the High Court—
(a) a certificate signed by the magistrate certifying that the offender has failed to comply with the requirements of the relevant order in the respect specified in the certificate; and
(b) 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.
(5) A person sentenced under subparagraph (1)(c) for an offence may appeal to the High Court against the sentence.
4.
(1) Where by virtue of paragraph 3(3) an offender is brought or appears before the High Court and it is proved to the satisfaction of the Court that the offender has failed to comply with any of the requirements of the relevant order, that Court may deal with the offender in respect of the failure in any one of the following ways, namely—
(a) it may impose on the offender a fine not exceeding $3,500;
(b) subject to paragraph 6(2) and (3), it may make an extra mural order in respect of the offender;
(c) it may revoke the order and deal with the offender for the offence in respect of which the order was made, in any manner in which it could deal with the offender if the offender had just been convicted by or before the Court of the offence.
(2) In dealing with an offender under subparagraph (1)(c), the High Court shall take into account the extent to which the offender has complied with the requirements of the relevant order.
(3) In proceedings before the High Court under this paragraph any question whether the offender has failed to comply with the requirements of the relevant order shall be determined by the Court and not by the verdict of a jury.
5.
(1) Without prejudice to paragraphs 7 and 8, an offender who is convicted of a further offence while a relevant order is in force in respect of the offender, shall not, on that account, be liable to be dealt with under paragraphs 3 and 4 in respect of a failure to comply with any requirement of the order.
(2) An offender who is required by a probation order to submit to treatment for the offender's mental condition, or the offender's dependency on drugs or alcohol, shall not be treated for the purposes of paragraph 3 or 4 as having failed to comply with that requirement on the ground only that the offender has refused to undergo any surgical, electrical or other treatment if, in the opinion of the Court, the offender's refusal was reasonable having regard to all the circumstances.
6.
(1) Any exercise by a Court of its powers under paragraph 3(1)(a), (b) or (c) or 4(1)(a) or (b) is without prejudice to the continuance of the relevant order.
(2) The number of hours which an offender may be required to work under an extra mural order made under paragraph 3(1)(b) or 4(1)(b), shall be specified in the order.
(3) So far as applicable, the provisions of this Schedule so far as relating to extra mural orders, have effect in relation to such orders under paragraph 3(1)(b) or 4(1)(b) as they have effect in relation to an extra mural order in respect of an offender.
(4) Where the provision of this Schedule has effect as mentioned in subparagraph (3), the powers conferred by those provisions to deal with the offender for the offence in respect of which the extra mural order was made, shall be construed as powers to deal with the offender for the failure to comply with the requirements of the relevant order in respect of which the extra mural order was made.