Commission of further offences

(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 “all 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 court specified in section 5(a) or (b) of this Act shall not by virtue of this subsection sentence an offender for the original offence if the community service order was made by a court specified in section 5(c), (d) or (e) of this Act; (b) the Criminal Division of the Supreme Court of Judicature shall not sentence an offender for the original offence by virtue of this subsection if the community service order was made by a court referred to in section 5(d) or (e) of this Act. (3) Where a court sentences an offender under subsection (2) of this section it may revoke, or vary the terms of, any community service order which is in force in respect of the offender, or make no order in respect of it. (4) Where, 26 (Alternative Sentences) (a) a court specified in section 5(a) or (b) of this Act convicts an offender of a subsequent offence that was committed whilst a community service order made by a court referred to in section 5(c), (d) or (e) of this Act was in force in respect of him; or (b) the Criminal Division of the Supreme Court convicts an offender of a subsequent offence that was committed whilst a community service order made by a court specified to in section 5(d) or (e) of this Act 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) of this section, 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 referred to in section 5(c), (d) or (e) of this Act dealing with the matter, as the case may be, a copy of the record of the conviction for the subsequent offence. (5) If it appears, (a) to a Judge of a court referred to in section 5(c), (d) or (e) of this Act by which a community service order was made; or (b) a magistrate of a court referred to in section 5(a) or (b) of this Act by which a community service order was made, 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 (Alternative Sentences) 27 Judge or magistrate, as the case may be, 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) of this section, Provided that a court referred to in section 5(a) or (b) of this Act, shall not issue a warrant under this subsection except on information in writing and on oath. (6) If a warrant issued under this section directs an offender to be brought before a court referred to in section 5(c), (d) or (e) of this Act, 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 court referred to in section 5(a) or (b) of this Act, as the case may be, and such court shall commit him to custody or release him on bail (with or without sureties) until he can be brought before the court referred to in section 5(c), (d) or (e) of this Act dealing with his case. (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) of this section, that the offender has been convicted of a subsequent offence, the court, (a) may sentence him for the original offence in any manner in which the court that made the 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) of this 28 (Alternative Sentences) section, 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.