Part I Powers of Courts to Deal with Offenders
Probation and discharge
6 Breach of requirement of probation order.
1
If at any time during the probation period it appears on information to a justice of the peace on whom jurisdiction is conferred by subsection (2) below that the probationer has failed to comply with any of the requirements of the order, the justice 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.
2
The following justices shall have jurisdiction for the purposes of subsection (1) above, that is to say:—
a
if the probation order was made by a magistrates’ court, any justice acting for the petty sessions area for which that court or the supervising court acts;
b
in any other case, any justice acting for the petty sessions area for which the supervising court acts;
and any summons or warrant issued under this section shall direct the probationer to appear or be brought before a magistrates’ court acting for the petty sessions area for which the justice issuing the summons or warrant acts.
3
If it is proved to the satisfaction of the magistrates’ 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, then, subject to the following provisions of this subsection, that court may deal with him in respect of the failure in any one of the following ways, that is to say:—
b
subject to subsection (10) below, it may make a community service order in respect of him;
c
in a case to which section F217 of the Criminal Justice Act 1982 applies, it may make an order under that section requiring him to attend at an attendance centre; or
d
where the probation order was made by a magistrates’ court, it may deal with him for the offence in respect of which the probation order was made, in any manner in which it could deal with him if it had just convicted him of that offence.
4
Where the probation order was made by the Crown Court, and a magistrates’ court has power to deal with the probationer under subsection (3)(a), (b) or (c) above in respect of a failure to comply with any of the requirements of the order, the magistrates’ court may instead commit him to custody or release him on bail until he can be brought or appear before the Crown Court.
5
A magistrates’ court which deals with a probationer’s case under subsection (4) above shall send to the Crown Court a certificate signed by a justice of the peace, 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 Crown Court.
6
Where by virtue of subsection (4) above the probationer is brought or appears before the Crown Court, and it is proved to the satisfaction of the court that he has failed to comply with any of the requirements of the probation order, the court may deal with him in respect of the failure in any one of the following ways, that is to say:—
b
subject to subsection (10) below, it may make a community service order in respect of him; or
c
it may deal with him for the offence in respect of which the probation order was made in any manner in which it could deal with him if he had just been convicted before the Crown Court of that offence.
7
A probationer who is required by the probation order to submit to treatment for his mental condition shall not be treated for the purposes of this section as having failed to comply with that requirement on the ground only that he has refused to undergo any surgical, electrical or other treatment if, in the opinion of the court, his refusal was reasonable having regard to all the circumstances; and without prejudice to the provisions of section 8 of this Act, a probationer who is convicted of an offence committed during the probation period shall not on that account be liable to be dealt with under this section in respect of a failure to comply with any requirement of the probation order.
8
Any exercise by a court of its powers under subsection (3)(a), (b) or (c) or (6)(a) or (b) above shall be without prejudice to the continuance of the probation order.
9
A fine imposed under subsection (3)(a) above in respect of a failure to comply with the requirements of a probation order shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction.
10
Section 14(2) of this Act and, so far as applicable, the other provisions of this Act relating to community service orders shall have effect in relation to a community service order under this section as they have effect in relation to a community service order in respect of an offender, but as if the power conferred by sections 16 and 17 of this Act to deal with the offender for the offence in respect of which the community service order was made were a power to deal with the probationer for the failure to comply with the requirements of the probation order in respect of which the community service order was made.