Breach of section 16

(1) An offender who fails to comply with section 16(1) of this Act, whether by reason of a failure satisfactorily to comply with the conditions or requirements of his community service order or otherwise, may be dealt with in accordance with this (2) If at any time while a community service order is in force in respect of an offender it appears on information to a (Alternative Sentences) 23 court specified in section 5(a) or (b) of this Act that the offender has failed to comply with section 16(1) of this Act, that court may issue a summons requiring the offender to appear before a summary jurisdiction court at the time specified therein, or may, if the information is in writing and on oath, issue a warrant for his arrest. (3) If it is proved to the satisfaction of a court specified in section 5(a) or (b) of this Act before whom an offender appears or is brought under this section that he has failed without reasonable excuse to comply with section 16(1) of this Act that court may, without prejudice to the continuance of the order, impose on him a fine not exceeding two thousand dollars, or may, (a) if the community service order was made by a court specified in section 5(a) or (b) of this Act, revoke the order and deal with the offender for the offence in respect of which the order was made, in any manner in which the offender could have been dealt with for that offence by the court which made the order if the order had not been made; (b) if the order was made by a court specified in section 5(c), (d) or (e) of this Act, commit the offender to custody or release him on bail (with or without sureties) until such time as he can be brought or made to appear before such court. (4) Where (a court specified in section 5(a) or (b) of this Act deals with an offender’s case under subsection (3)(b) of this Act, (a) that court shall send to the court referred to in section 5(c), (d) or (e) of this Act a certificate 24 (Alternative Sentences) signed by the magistrate certifying that the offender has failed to comply with section 16 (1) of this Act in the manner specified in the certificate, together with such other particulars of the case as are in the opinion of the magistrate necessary, and a certificate purporting to be so signed shall upon its production be admissible before a court referred to in section 5(c), (d) or (e) of the Act as evidence of the failure to comply without further proof; (b) where the offender is brought or appears before the court referred to in section 5(c), (d) or (e) and that court is satisfied that he has failed to comply with section 16(1) of this Act that court may either, (i) without prejudice to the continuance of the order, impose on the offender a fine not exceeding two thousand dollars; or (ii) revoke the order and deal with the offender for the offence in respect of which the order was made, in any manner in which the offender could have been dealt with for that offence by the court which made the order if the order had not been made. (5) A fine imposed under this section in respect of a failure to comply with section 16 (1) of this Act, shall be deemed for the purposes of any law to be a sum adjudged to be paid by a conviction. (Alternative Sentences) 25