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PROBATION ACT (NORTHERN IRELAND)1950 - SECT 4

Breach of requirement of probation order.

4.(1) If at any time during the probation period it appears on information or
complaint to a justice of the peace on whom jurisdiction is conferred by the
next succeeding sub-section that the probationer has failed to comply with any
of the requirements of the order, the justice may issue a summons requiring
the probationer to appear at the place and time specified therein, or may, if
the information or complaint is in writing and on oath, issue a warrant for
his arrest.

(2) The following justices shall have jurisdiction for the purposes of the
preceding sub-section, that is to say

(a)if the probation order was made by a court of summary jurisdiction, any
justice acting for the petty sessions district for which that court or the
supervising court acts;

(b)in any other case, any justice acting for the petty sessions district for
which the supervising court acts;

(3) If it is proved to the satisfaction of the 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, that
court may, without prejudice to the continuance of the probation order, impose
on him a fine not exceeding [#50] or may

(a)if the probation order was made by a court of summary jurisdiction, 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 it had just
convicted him of that offence;

(b) if the probation order was made by [the Crown Court], commit him to
custody or release him on bail (with or without sureties) until he can be
brought or appear before [the Crown Court];

[(c) subject to sub-section (7) of this section, make a community service
order within the meaning of Article 7(1) of the Treatment of Offenders
(Northern Ireland) Order 1976 in respect of him.]

(4) Where the court of summary jurisdiction deals with the case as provided in
paragraph (b) of the last preceding sub-section then

(a)the court shall send to [the Crown Court] a certificate signed by a
resident 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 Crown Court]; and

(b) where the probationer is brought or appears before [the Crown Court], and
it is proved to the satisfaction of that court that he has failed to comply
with any of the requirements of the probation order, that court may deal with
him, 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 convicted
before that court of that offence [or, subject to sub-section (7) of this
section, that court may make a community service order within the meaning of
Article 7(1) of the Treatment of Offenders (Northern Ireland) Order 1976 in
respect of him.]

(5) 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.

(6) A probationer who is required by the probation order to submit to
treatment for his mental condition shall not be treated for the purposes of
this section as having failed to comply with that requirement on the ground
only that he has refused to undergo any surgical, electrical or other
treatment if, in the opinion of the court, his refusal was reasonable having
regard to all the circumstances; and without prejudice to the provisions of
section six of this Act, 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 requirement of
the probation order.

[(7) Article 7(4) of the Treatment of Offenders (Northern Ireland) Order 1976
and, so far as applicable, the other provisions of that Order relating to
community service orders shall have effect in relation to a community service
order under this section as they have effect in relation to a community
service order in respect of an offender, but as if the power conferred by
Articles 9 and 10 of that Order to deal with the offender for the offence in
respect of which the community service order was made were a power to deal
with the probationer for the failure to comply with the requirements of the
probation order in respect of which the community service order was made.

(8) Any exercise by a court of its powers under sub-section (3)(c) or (4)(b)
of this section to make a community service order within the meaning of
Article 7(1) of the Treatment of Offenders (Northern Ireland) Order 1976 in
respect of a probationer shall be without prejudice to the continuance of the
probation order.]


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© 1950 Crown Copyright

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