Commission of further offence
354.—(1)  If it appears to a judge to whom jurisdiction is granted under subsection (3) that an offender has been convicted by any court of one or more offences committed during the period when a community order is in force in respect of the offender, and has been dealt with in respect of that offence or those offences, the judge may fix a hearing date to determine if the offender has been so convicted and dealt with and may issue a summons requiring the offender to appear at the place and time specified therein, or may issue a warrant for the offender’s arrest.
(2)  A Magistrate may not issue a warrant under subsection (1) except on information in writing.
(3)  The following persons have jurisdiction for the purposes of subsection (1):
(a)if the community order was made by the General Division of the High Court, a Judge;
(b)if the community order was made by a District Court, a District Judge;
(c)if the community order was made by a Magistrate’s Court, a Magistrate.
[40/2019]
(4)  A summons or warrant issued under this section must direct the offender so convicted to appear or be brought before the court which made the community order.
(5)  If an offender in respect of whom a community order has been made by the General Division of the High Court or District Court is convicted and dealt with by any Magistrate’s Court in respect of any offence or offences committed during the period when the community order is in force in respect of the offender, the Magistrate’s Court may commit the offender to custody or release him or her on bail or personal bond until he or she can be brought or appears before the court by which the community order has been made; and if he or she does so the Magistrate’s Court must send to the General Division of the High Court or the District Court (as the case may be) a copy of the minute or memorandum of the conviction entered in the register, signed by the Magistrate.
[19/2018; 40/2019]
(6)  Where a community order has been made by a court in respect of an offender, and it is proved to the satisfaction of the court that the offender has been convicted and dealt with in respect of any offence committed during the period when the community order is in force, the court —
(a)in any case where the community order was made in respect of an offence after the court had imposed and suspended under section 337(6) a sentence of imprisonment for that offence — must revoke the community order; or
(b)in any other case — may, taking into account the extent to which the offender has complied with the community order, revoke the community order and impose any sentence that is prescribed for the offence in respect of which the community order has been made.
[19/2018]
(7)  If a Magistrate’s Court has made a community order in respect of an offender, and the offender is convicted before the General Division of the High Court, a District Court or any other Magistrate’s Court of an offence committed during the period when the community order is in force, the General Division of the High Court, District Court or other Magistrate’s Court (as the case may be) —
(a)in any case where the community order was made in respect of an offence after the firstmentioned Magistrate’s Court had imposed and suspended under section 337(6) a sentence of imprisonment for that offence — must revoke the community order; or
(b)in any other case — may, taking into account the extent to which the offender has complied with the community order, revoke the community order and impose any sentence that is prescribed for the offence in respect of which the community order has been made.
[19/2018; 40/2019]