Breach of Orders

(1) Subject to sub-section (2) of this section, a person against whom an Order or an Interim Order has been made who– (a) has had notice of the Order or the Interim (b) contravenes any provision of the Order or the Interim Order, or fails to comply with any direction or prohibition of the Court stated in the Order or interim Order, commits an offence and is liable30 (i) on a first conviction to a fine not exceeding nine thousand dollars, or to imprisonment for a period of twelve months, or to both such fine and period of imprisonment; (ii) on a second conviction, to a fine not exceeding fifteen thousand dollars and not less than twelve thousand dollars, or to imprisonment for a period of twenty- four months, or to both such fine and period of imprisonment; (iii) on any subsequent conviction to a period of imprisonment of five years. (2) Where a person is convicted of an offence under this Act, the Court may, in lieu of imposing a sentence of imprisonment (but not the fine) as provided in sub-section (1) of this section, make an order (herein called “a Rehabilitation Order”) requiring the convicted person to undergo probation in a re-education or rehabilitation program for persons in a similar situation, and to engage in community service work each week-end for one year. (3) A Rehabilitation Order shall only be made in the following circumstances– (a) where the person is a first time offender under this Act and has no previous convictions for such offences; (b) the convicted has not previously breached an Order or an Interim Order made pursuant to this Act; (c) where a suitable program of education and training is available for such persons. 31 (4) Before making a Rehabilitation Order under this section, the Court shall have regard to any submissions and representations by the prosecution and the defence. (5) A Rehabilitation Order may be made subject to such conditions as the Court may think fit to impose. (6) Where the person in respect of whom a Rehabilitation Order is made fails to comply with the conditions thereof the Court may after holding an inquiry, revoke the Rehabilitation Order and proceed to pass sentence in accordance with sub- section (1) of this section.