Chapter:	298	Title:	PROBATION OF OFFENDERS ORDINANCE	Gazette Number:	25 of 1998 s. 2
Section:	5	Heading:	Breach of requirements of probation order	Version Date:	01/07/1997

Amendments retroactively made-see 25 of 1998 s. 2

(1) If at any time during the probation period it appears on information to a magistrate that the probationer has failed to comply with any of the requirements of the order, the magistrate may issue a summons requiring the probationer to appear at the place and time specified therein, or may, if the information is in writing and on oath, issue a warrant for his arrest. (Amended 54 of 1961 s. 4)
(2) If it is proved to the satisfaction of the magistrate's 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, the court may, without prejudice to the continuance of the probation order, caution him or impose on him a fine not exceeding $500, or may- (Amended 54 of 1961 s. 4; 76 of 1979 s. 3)

(a) if the probation order was made by a magistrate's court, 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 he had just been tried for or convicted of that offence by or before that court or refer the case to the court by which the probation order was made;
(b) if the probation order was made by the Court of First Instance or District Court, commit him to custody or release him on bail (with or without sureties) until he can be brought or appear before the Court of First Instance or the District Court, as the case may be. (Amended 25 of 1998 s. 2)

(a) the court shall send to the Court of First Instance or the District Court a certificate signed by the 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 Court of First Instance or District Court; and
(b) where the probationer is brought or appears before the Court of First Instance or District Court, and it is proved to the satisfaction of such court that he has failed to comply with any of the requirements of the probation order, the 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 tried for or convicted of that offence by or before that court. (Amended 25 of 1998 s. 2)