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Variation and revocation of Community Service Orders

Cap. 102:01, s. 20 · Revised Edition 2020

(1) Where a community service order is in force in respect of an offender, a court specified in section 5(a) or (b) of this Act, on application by the offender or by the Director, (a) may, upon any of the grounds specified in subsection (2) of this section, if the community service order was made by a court specified in section 5(a) or (b) of this Act, (i) extend in relation to the order the period of twelve months specified in section 14(1) of this Act; (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 he could have been dealt with for that offence by the court which made the order if the order had not been made; (b) may, if the order was made by a court specified to 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 he can be brought or made to appear before the court which made the order, and if the court specified in section 5(a) or (b) of this Act does so, it shall send to that court (Alternative Sentences) 29 such particulars of the case as in its opinion are necessary. (2) The grounds upon which a court may vary or revoke a community service order under this section are, (a) that there has been a change of circumstances since the order was imposed that would justify the variation or revocation of the (b) that it is no longer necessary in the interest of the community or the offender that the order should continue; (c) that no, or no more suitable service is available to be performed by the offender for the purpose of the order; (d) that because of incapacity or for any other reason considered sufficient by the court, it will be impossible for the offender to perform the service before the order expires, or that it would be unreasonable to require him to do so. (3) Where in pursuance of subsection (1)(b) of this section, the offender is brought or appears before a court referred to in section 5(c), (d) or (e) of this Act, that court may, upon the grounds specified in subsection (2), deal with the in any manner specified in subsection (1)(a) of this section. (4) Where a court specified in section 5(a) or (b) of this Act proposes to exercise its powers otherwise than on the 30 (Alternative Sentences) application of the offender, it shall summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.
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