Cap 378 s 9 Commission of further offences (COMMUNITY SERVICE ORDERS ORDINANCE)

Contents of Section

Chapter:	378	Title:	COMMUNITY SERVICE ORDERS ORDINANCE	Gazette Number:	25 of 1998 s. 2
Section:	9	Heading:	Commission of further offences	Version Date:	01/07/1997

Remarks:

Amendments retroactively made - see 25 of 1998 s. 2

(1) An offender who commits an offence whilst a community service order is in force in respect of him (in this section referred to as "a subsequent offence") may be dealt with in respect of the subsequent offence and of any offence for which the community service order was made (in this section referred to as "an original offence") in accordance with this section.
(2) An offender who is convicted and sentenced by a court in respect of a subsequent offence may in addition be sentenced by that court, if it considers it expedient to do so, for an original offence in any manner in which the court that made the community service order could have sentenced the offender if it had just convicted him of the original offence:
Provided that-

(a) a magistrate or a juvenile court shall not by virtue of this subsection sentence an offender for the original offence if the community service order was made by the Court of First Instance or the District Court; and

(b) the District Court shall not by virtue of this subsection sentence an offender for the original offence if the community service order was made by the Court of First Instance. (Amended 25 of 1998 s. 2)

(3) Where a court sentences an offender under subsection (2) it may revoke, or vary the terms of, any community service order which is in force in respect of him, or make no order in respect of it.
(4) Where-

(a) a magistrate or a juvenile court convicts an offender of a subsequent offence that was committed whilst a community service order made by the Court of First Instance or the District Court was in force in respect of him; or

(b) the District Court convicts an offender of a subsequent offence that was committed whilst a community service order made by the Court of First Instance was in force in respect of him,

the court that convicts the offender may, if it thinks fit, without proceeding to sentence order that the offender appear or be brought before the court by which the community service order was made to be dealt with under subsection (7), and for this purpose may commit him to custody or release him on bail (with or without sureties); and a court that so orders shall send to the Court of First Instance or the District Court, as the case may be, a copy of the record of the conviction for the subsequent offence. (Amended 25 of 1998 s. 2)
(5) If it appears-

(a) to a judge of a court by which a community service order was made; or

(b) in the case of a community service order made by a magistrate or a juvenile court, to a magistrate,

(Amended 47 of 1997 s. 10)

that an offender has been convicted by any court of a subsequent offence, and has been dealt with for that offence but not sentenced under this section for an original offence, the judge or magistrate may issue a summons requiring the offender to appear before the court that made the community service order, at the time specified in the summons, or may issue a warrant for his arrest requiring him to be brought before that court and dealt with under subsection (7): (Amended 47 of 1997 s. 10)
Provided that a magistrate shall not issue a warrant except on information in writing and on oath. (Amended 47 of 1997 s. 10)
(6) If a warrant issued under this section directs an offender to be brought before the Court of First Instance or the District Court, and the offender cannot forthwith be brought before that court, the warrant shall have effect as if it directed him to be brought before a magistrate or a juvenile court and such magistrate or juvenile court shall commit him to custody or release him on bail with or without sureties until he can be brought before the Court of First Instance or District Court, as the case may be. (Amended 25 of 1998 s. 2)
(7) Where it is proved to the satisfaction of the court before which an offender appears or is brought under subsection (4), (5) or (6) that the offender has been convicted of a subsequent offence, the court-

(a) may sentence him for an original offence in any manner in which the court that made the community service order could have sentenced him if it had just convicted him of the original offence, and may revoke, or vary the terms of, any community service order that is in force in respect of him, or may make no order in respect of it; and

(b) where the offender appears or is brought before the court under subsection (4), may also sentence him for the subsequent offence in any manner in which the court that convicted him of the subsequent offence could have sentenced him.