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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.]
© 1950 Crown Copyright
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