Section 7: Non-compliance with probation order

7. Non-compliance with probation order (1) (a) Subject to paragraph (b), where it appears to a Judge or Magistrate that a probationer has failed to comply with any condition or requirement of the probation order, he may issue a summons to the probationer requiring him to appear at the place and time specified in the order or may issue a warrant for his arrest. (b) No summons or warrant under paragraph (a) shall be issued by— (i) a Judge, except on an information filed by the Director of Public Prosecutions; (ii) a Magistrate, except on an information in writing and on oath. (2) A summons or warrant under this section shall direct the probationer to appear or to be brought before the Court by which the probation order was made. (3) (a) Subject to paragraph (b), where it is proved to the satisfaction of the Court by which the probation order was made that a probationer has failed to comply with any condition or requirement of the probation order, the Court may— (i) without prejudice to the continuance in force of the probation order, impose on the probationer a fine not exceeding 10,000 rupees; or (ii) deal with the probationer for the offence in respect of which the probation order was made in any manner in which it could have dealt with him if it had just convicted him of that offence. (b) Where a Court has, under paragraph (a) (i), imposed a fine on a probationer, on any subsequent sentence being passed upon the probationer under section 6 or this section, the imposition of the fine shall be taken into account in fixing the sentence. [S. 7 amended by s. 8 of Act 11 of 2009 w.e.f. 1 October 2010.]