(Chapter 4 : Sub-part E, F and G)
1.
(1) In this Schedule “relevant order” means any of the following orders, namely, a probation order, an extra mural order and a curfew order.
(2) This Schedule applies in relation to combination orders—
(a) in so far as they impose such a requirement as is mentioned in paragraph (a) (i) or (b) (i) of subsection (2) of section 1179 of this Code as if they were probation orders;
(b) in so far as they impose such a requirement as is mentioned in paragraph (a) (ii) of that subsection, as if they were extra mural orders; and
(c) in so far as they impose such a requirement as is mentioned in paragraph (b) (ii) of that subsection, as if they were curfew orders.
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.
7.
(1) This paragraph applies where a relevant order is in force in respect of an offender and, on the application of the offender or the responsible officer, it appears to a magistrate's court that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice—
(a) that the order should be revoked; or
(b) that the offender should be dealt with in some other manner for the offence in respect of which the order was made.
(2) The Court may—
(a) if the order was made by a magistrate's court—
(i) revoke the order, or
(ii) 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; or
(b) if the order was made by the High Court, commit the offender to custody or release the offender on bail until the offender can be brought or appear before the High Court.
(3) The circumstances in which a probation order may be revoked under subparagraph (2)(a)(i) include the offender's making good progress or responding satisfactorily to supervision.
(4) In dealing with an offender under subparagraph (2)(a)(ii), a magistrate's court shall take into account the extent to which the offender has complied with the requirements of the relevant order.
(5) An offender sentenced under subparagraph (2)(a)(ii), may appeal to the High Court against the sentence.
(6) Where the Court deals with an offender's case under sub-paragraph (2)(b), it shall send to the High Court such particulars of the case as may be desirable.
(7) Where a magistrate's court proposes to exercise its powers under this paragraph otherwise than on the application of the offender, it shall summon the offender to appear before the Court and, if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.
(8) An application may not be made by the offender under sub-paragraph (1) while an appeal against the relevant order is pending.
8.
(1) This paragraph applies where an offender in respect of whom a relevant order is in force—
(a) is convicted of an offence before the High Court; or
(b) is committed by a magistrate's court to the High Court for sentence and is brought or appears before the High Court; or
(c) is brought or appears before the High Court by virtue of paragraph 7(2)(b).
(2) If it appears to the High Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the High Court may—
(a) revoke the order; or
(b) 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.
(3) The circumstances in which a probation order may be revoked under subparagraph (2)(a) include the offender's making good progress or responding satisfactorily to supervision.
(4) In dealing with an offender under subparagraph (2)(b), the High Court shall take into account the extent to which the offender has complied with the requirements of the relevant order.
9.
(1) On the making under this Part of this Schedule of an order revoking a relevant order, the clerk to the Court shall forthwith give copies of the revoking order to the responsible officer.
(2) A responsible officer to whom in accordance with sub-paragraph (1) copies of a revoking order are given, shall give a copy to the offender and to the person in charge of any institution in which the offender was required by the order to reside.
10.
(1) Subject to subparagraph (2), a magistrate's court may, on the application of the offender or the responsible officer, by order amend a probation or curfew order—
(a) by cancelling any of the requirements of the order; or
(b) by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the Court could include if it were then making the order.
(2) The power of a magistrate's court under subparagraph (1) is subject to the following restrictions, namely—
(a) the Court shall not amend a probation order
(i) by reducing the probation period, or by extending that period beyond the end of 3 years from the date of the original order; or
(ii) by inserting in the order a requirement that the offender shall submit to treatment for the offender's mental condition, or the offender's dependency on drugs or alcohol, unless the amending order is made within 3 months after the date of the original order;
(b) the Court shall not amend a curfew order by extending the curfew periods beyond the end of 6 months from the date of the original order.
(3) In this paragraph and paragraph 11, references to the offender's dependency on drugs or alcohol include references to his or her propensity towards the misuse of drugs or alcohol.
11.
(1) Where the medical practitioner or other person by who or under whose direction an offender is being treated for the offender's mental condition, or the offender's dependency on drugs or alcohol, in pursuance of any requirement of a probation order.
(a) is of the opinion mentioned in subparagraph (2); or
(b) is for any reason unwilling to continue to treat or direct the treatment of the offender,
that medical practitioner or other person shall make a report in writing to that effect to the responsible officer and that officer shall apply under paragraph 10 to a magistrate's court for the variation or cancellation of the requirement.
(2) The opinion referred to in subparagraph (1) is—
(a) that the treatment of the offender should be continued beyond the period specified in that behalf in the order; or
(b) that the offender needs different treatment, being treatment of a kind to which the offender could be required to submit in pursuance of a probation order; or
(c) that the offender is not susceptible to treatment; or
(d) that the offender does not require further treatment.
12. Where—
(a) an extra mural order is in force in respect of an offender; and
(b) on the application of the offender or the responsible officer, it appears to a magistrate's court that it would in the interest of justice to do so having regard to circumstances which have arisen since the order was made,
the Court may, in relation to the order, extend the period specified in the order.
13. An application may not be made under paragraph 10 or 12 while an appeal against the relevant order is pending.
14.
(1) Subject to subparagraph (2), where a Court proposes to exercise its powers under this Schedule otherwise than on the application of the offender, the Court—
(a) shall summon the offender to appear before the Court; and
(b) if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest,
and the Court shall not amend a relevant order under this Part of this Schedule unless the offender expresses willingness to comply with the requirements of the order as amended.
(2) This paragraph does not apply to an order cancelling a requirement of a relevant order or reducing the period of any requirement or substituting a new place for the one specified in a relevant order.
15.
(1) On a Court making under this Part of this Schedule an order amending a relevant order, the clerk to the Court shall forthwith—
(a) if the order amends the relevant order otherwise than by substituting a new place for the one specified in the relevant order, give copies of the amending order to the responsible officer;
(b) if the order amends the relevant order in the manner excepted by paragraph (a), send to the clerk to the magistrate's court for the district in which the new place is situated—
(i) copies of the amending order, and
(ii) such documents and information relating to the case as the clerk considers likely to be of assistance to a Court acting for that district in exercising its functions in relation to the order,
and in a case falling within paragraph (b) the clerk to the magistrate's court for that district shall give copies of the amending order to the responsible officer.
(2) A responsible officer to whom copies of an order are given in accordance with subparagraph (1), shall give a copy to the offender and to the person in charge of any institution in which the offender is, or was required by the order to reside.