Section 7
of Offenders (Probation and Community Service) Act
Section 7
(1)
If at any time during the probation period it appears to the court that the probationer has failed to comply with any requirement of the probation order, the court may issue a summons requiring him to appear before it.
(2)
If it has been proved to the court that a probationer has failed to comply with any requirement of the probation order, the court may, without prejudice to the continuance of the probation order, impose on him a fine not exceeding $1,000 or may —
(a)
if the probation order was made by a Court of a Magistrate, deal with the probationer for the offence in respect of which the probation order was made in any manner in which he could have been dealt with as if he had just been convicted before it of that offence;
(b)
if the probation order was made by the High Court or an
Intermediate Court, commit him to custody or release him on bail
(with or without sureties) until he appears or can be brought before that court by which the probation order was made.
(3)
Where subsection (2)(b) applies to the case —
(a)
the Court of a Magistrate shall send to the High Court or the Intermediate Court (as the case may be) a certificate signed by a magistrate certifying that the probationer has failed to comply with such requirements of the probation order as may be specified in the certificate together with such other particulars of the case as the magistrate considers to be desirable; and a certificate purporting to be so signed shall be admissible before the court to which it is sent as evidence of such failure to comply; and
Offenders (Probation and Community
Service)
(b)
where the probationer appears or is brought before the
High Court or an Intermediate Court and it has been proved to that court that he has failed to comply with any 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 he could have been dealt with as if he had just been convicted before it of that offence.
Absolute and conditional discharge.