§ 351 — Variation and revocation of community orders on grounds other than breach thereof

351.—(1) Where a mandatory treatment order, day reporting order, community work order or community service order is in force in respect of an offender, a court may, on the application of the appointed psychiatrist, day reporting officer, community work officer or community service officer, respectively —(a)

vary the order (including reducing or extending the period that the offender has to undergo psychiatric treatment, report to a day reporting officer or perform community work or community service) or the conditions or obligations thereof in such manner as the court thinks just and expedient in the circumstances; or

(b)

taking into account the extent to which the offender has complied with the order, revoke the order and impose such sentence which is provided for the offence or offences in respect of which the order has been made.

(2) Where a court varies a mandatory treatment order under subsection (1)(a) by extending the period the offender has to undergo psychiatric treatment under the order, the period so extended must not exceed 24 months from the date the order is first in force.

(3) Where a court varies a day reporting order under subsection (1)(a) by extending the period the offender has to report to a day reporting officer under the order, the period so extended must not exceed 12 months from the date the order is first in force.

(4) Where a court varies a community work order under subsection (1)(a) by extending the number of hours the offender has to perform community work under the order, the number of hours so extended must not exceed the prescribed maximum hours of community work which the offender may be required to work under that order.

(5) Where a court varies a community service order under subsection (1)(a) by extending the period the offender is required to perform community service under the order, the period so extended must not exceed the prescribed maximum hours of community service which the offender may be required to perform under that order.

(6) Where any application is made under subsection (1), the court may fix a hearing date to determine whether or not to vary or revoke the community order referred to in that subsection and may at any time —(a)

issue a summons directing the offender subject to the community order to appear before the court on a date and at a time specified in the summons; or

(b)

where the court is satisfied that the offender may not appear, issue a warrant for the arrest of the offender.

(7) Where an offender served with a summons issued under subsection (6)(a) fails to attend before the court, the court may issue a warrant for the arrest of the offender.

(8) The court may vary or revoke a mandatory treatment order under subsection (1) on any of the following grounds:(a)

there has been a change of circumstances since the order was made that would justify the variation or revocation of the order;

(b)

that in view of the progress the offender has made in the treatment, such variation or revocation is warranted.

(9) The court may vary or revoke a day reporting order, community work order or community service order under subsection (1) if such variation or revocation is justified by any change of circumstances since the order was made, or by the conduct of the offender who is subject to the order.

—(1) Where a mandatory treatment order, day reporting order, community work order or community service order is in force in respect of an offender, a court may, on the application of the appointed psychiatrist, day reporting officer, community work officer or community service officer, respectively —(a)

vary the order (including reducing or extending the period that the offender has to undergo psychiatric treatment, report to a day reporting officer or perform community work or community service) or the conditions or obligations thereof in such manner as the court thinks just and expedient in the circumstances; or

(b)

taking into account the extent to which the offender has complied with the order, revoke the order and impose such sentence which is provided for the offence or offences in respect of which the order has been made.

(2) Where a court varies a mandatory treatment order under subsection (1)(a) by extending the period the offender has to undergo psychiatric treatment under the order, the period so extended must not exceed 24 months from the date the order is first in force.

(3) Where a court varies a day reporting order under subsection (1)(a) by extending the period the offender has to report to a day reporting officer under the order, the period so extended must not exceed 12 months from the date the order is first in force.

(4) Where a court varies a community work order under subsection (1)(a) by extending the number of hours the offender has to perform community work under the order, the number of hours so extended must not exceed the prescribed maximum hours of community work which the offender may be required to work under that order.

(5) Where a court varies a community service order under subsection (1)(a) by extending the period the offender is required to perform community service under the order, the period so extended must not exceed the prescribed maximum hours of community service which the offender may be required to perform under that order.

(6) Where any application is made under subsection (1), the court may fix a hearing date to determine whether or not to vary or revoke the community order referred to in that subsection and may at any time —(a)

issue a summons directing the offender subject to the community order to appear before the court on a date and at a time specified in the summons; or

(b)

where the court is satisfied that the offender may not appear, issue a warrant for the arrest of the offender.

(7) Where an offender served with a summons issued under subsection (6)(a) fails to attend before the court, the court may issue a warrant for the arrest of the offender.

(8) The court may vary or revoke a mandatory treatment order under subsection (1) on any of the following grounds:(a)

there has been a change of circumstances since the order was made that would justify the variation or revocation of the order;

(b)

that in view of the progress the offender has made in the treatment, such variation or revocation is warranted.

(9) The court may vary or revoke a day reporting order, community work order or community service order under subsection (1) if such variation or revocation is justified by any change of circumstances since the order was made, or by the conduct of the offender who is subject to the order.