(1) Subject to subsection (2), if at any time during the probation period it appears to a judge or any magistrate, that a probationer has failed to comply with any of the conditions of the probation order, he or she may issue a summons requiring the probationer to appear at the place and time specified in the summons or may issue a warrant for his or her arrest.
(2) A magistrate shall not issue such summons or warrant, except on information in writing and on oath.
(3) A summons or warrant issued under this section shall direct the probationer to appear or to be brought before the supervising Court.
(4) If it is proved to the satisfaction of the supervising Court that the probationer has failed to comply with any of the conditions of the probation order, the Court may, without prejudice to the continuance of the probation order, impose on him or her a fine not exceeding $1,000, or may—
(a) if the probation order was made by a district 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 or her if it had just convicted him or her of that offence;
(b) if the probation order was made by the High Court commit him or her to custody or release him or her on bail (with or without sureties) until he or she can be brought or appear before the High Court.
(5) Where the supervising Court deals with the case as provided in section 1161(4)(b)—
(a) the supervising Court shall send to the High Court a certificate signed by the magistrate certifying that the probationer has failed to comply with such of the conditions 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 before the High Court as evidence of the failure of the probationer to comply with conditions of the probation order; and
(b) where the probationer is brought or appears before the High Court, and it is proved to the satisfaction of the High Court that he or she has failed to comply with any of the conditions of the probation order, the High Court may deal with him or her, for the offence in respect of which the probation order was made in any manner in which the High Court could deal with him or her if he or she had been convicted by the High Court of that offence.
(6) A fine imposed under this section in respect of a failure to comply with the conditions of a probation order—
(a) shall be deemed for the purposes of any enactment to be a sum adjudged to be paid on a conviction;
(b) shall be taken into account when fixing any subsequent sentence passed on the probationer under the provisions of this section or of section 1162.
(7) A probationer who is required by the probation order to submit to treatment for his or her mental condition shall not be treated for the purposes of this section as having failed to comply with that condition on the ground only that he or she has refused to undergo any surgical, electrical or other treatment if, in the opinion of the Court, his or her refusal was reasonable having regard to all the circumstances.
(8) Without prejudice to the provisions of section 1163, a probationer who is convicted of an offence committed during the probation period shall not on that account be liable to be dealt with under this section for failing to comply with any condition of the probation order.