Section 6: Probationer committing offence
consolidated text (as at 2009, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
6. Probationer committing offence
(1) (a) Subject to paragraph (b), where it appears to a Judge or a Magistrate that a probationer has been convicted of an offence committed while
the probation order was in force, he may issue a summons requiring the probationer to appear at the place and time specified in the order or may issue a
warrant for his arrest.
(b) No summons or warrant shall be issued under paragraph (a) by—
(i) a Judge, except on an information filed by the Director of Public
Prosecutions;
(ii) by a Magistrate, except on information in writing and on oath.
(2) A summons or warrant issued under this section shall direct the probationer to appear or to be brought before the Court by which the probation
order was made.
(3) Where a probationer is convicted by a Magistrate of an offence committed while the probation order was in force, the Magistrate may commit
the probationer to custody or release him on bail, with or without sureties,
until he can be brought or appear before the Court by which the probation
order was made.
(4) Where it is proved to the satisfaction of the Court by which the probation order was made that the probationer has been convicted of an offence while the probation order was in force, the Court may deal with the
probationer for the offence in respect of which the probation order was
made in any manner in which it could deal with him if it had just convicted
him of that offence.
(5) Where a probationer in respect of whom a probation order has been
made by a Court, other than the Supreme Court, is convicted before the Supreme Court of an offence committed while the probation order was in force,
P38 – 5 [Issue 3]
Probation of Offenders Act
the Supreme Court may deal with the probationer for the offence in respect
of which the probation order was made in any manner in which the Court by
which the probation order was made could have dealt with him if it had just
convicted him of that offence.
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Questions this section answers
- What happens if I commit another offence while I'm on probation?