← belizelaw.ai · Probation Of Offenders, Cap. 120
Commission of further offences by probationers
Cap. 120, s. 6 · Revised Edition 2020
(1) Where it appears to a judge or any magistrate that a probationer has been convicted of an offence committed while the probation order was in force, he may issue a summons requiring the probationer to appear at the place and time specified therein or may issue a warrant for his arrest.
(2) A magistrate shall not issue such a summons except on information, and shall not issue such a warrant except on information in writing and on oath.
(3) A summons or warrant issued under this section shall direct the probationer to appear or to be brought before the court by which the probation order was made.
(4) Where a probationer is convicted by a magistrate of an offence committed while the probation order was in force the magistrate may commit the probationer to custody or release him on bail, with or without sureties, until he can be brought or appear before the court by which the probation order was made.
(5) Where it is proved to the satisfaction of the court by which the probation order was made that the probationer has been convicted of an offence while the probation order was in force, then,
(a) if the probationer was not convicted of the original offence in respect of which the probation order was made, the court may 8 convict him of that offence and pass any sentence which it could pass if the probationer had just been convicted before that court of that offence; or
(b) if the probationer was convicted of the original offence in respect of which the probation order was made, the court may pass any sentence which it could pass if the probationer had just been convicted before that court of that offence.
(6) Where a probationer in respect of whom a probation order has been made by a magistrate is convicted before the Supreme Court of an offence committed while the probation order was in force, then,
(a) if the probationer was not convicted of the original offence in respect of which the probation order was made, the Supreme Court may convict him of that offence and may pass any sentence which the court which made the probation order could pass if the probationer had just been convicted before that court of that offence; or
(b) if the probationer was convicted of the original offence in respect of which the probation order was made, the Supreme Court may pass any sentence which the court which made the probation order could pass if the probationer had just been convicted before that court of that offence.
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