§ 352 — Breach of community orders

352.—(1) An offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order if he or she, without reasonable excuse, fails to comply with any of his or her obligations under section 340, 343, 345 or 347, respectively.(2) An offender is in breach of a short detention order if he or she commits an aggravated prison offence as defined in section 73 of the Prisons Act 1933 when there is in force in respect of him or her a short detention order.

(3) Where a court receives information from an appointed psychiatrist, a day reporting officer, a community work officer or a community service officer that an offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order, respectively, is in force, is in breach of the respective order, the court may fix a hearing date to determine whether the offender is in breach of a community order and may at any time —(a)

issue a summons directing the offender 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.

(4) Where an offender served with a summons issued under subsection (3)(a) fails to attend before the court, the court may issue a warrant for the arrest of the offender.

(5) Subject to subsection (7), if it is proved to the satisfaction of a court that an offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order —(a)

the court may, without affecting the continuance of the order —(i)

issue a warning to the offender;

(ii)

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

(iii)

impose on the offender a fine not exceeding $1,000;

(b)

subject to paragraph (c), the court may, 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; or

(c)

where the order was made in respect of an offence after the court had imposed and suspended under section 337(6) a sentence of imprisonment for that offence, the court must revoke the order.[19/2018]

(6) Where an offender is in breach of a short detention order, a court may, on the application of the Commissioner of Prisons or any person authorised by the Commissioner of Prisons, revoke the order and, taking into account the period the offender has been detained under that order, impose such sentence which is provided for the offence or offences in respect of which the order has been made.[1/2014]

(7) If it is proved to the satisfaction of a court that an offender in respect of whom a day reporting order, community work order or community service order is in force is in breach of the order, the court may, without affecting the continuance of the order, make an order for the offender to be detained in prison for a period which must not exceed 14 days.

(8) Sections 317 and 318 apply to an order made under subsection (7) as if the order were a sentence of imprisonment passed by the court.

(9) Where a court varies a mandatory treatment order under subsection (5)(a)(ii) by extending the period the offender has to undergo psychiatric treatment under the order, the period so extended must not exceed 36 months from the date the order is first in force.[19/2018]

(10) Where a court varies a day reporting order under subsection (5)(a)(ii) 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.

(11) Where a court varies a community work order under subsection (5)(a)(ii) 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.

(12) Where a court varies a community service order under subsection (5)(a)(ii) 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.

(13) If it is proved to the satisfaction of a court that an offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order, and the offender is serving any other community order at the time of the breach —(a)

the offender is deemed to be in breach of all the community orders; and

(b)

the court must deal with the offender in accordance with subsection (5) in relation to the breach of each of those community orders.

—(1) An offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order if he or she, without reasonable excuse, fails to comply with any of his or her obligations under section 340, 343, 345 or 347, respectively.

(2) An offender is in breach of a short detention order if he or she commits an aggravated prison offence as defined in section 73 of the Prisons Act 1933 when there is in force in respect of him or her a short detention order.

(3) Where a court receives information from an appointed psychiatrist, a day reporting officer, a community work officer or a community service officer that an offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order, respectively, is in force, is in breach of the respective order, the court may fix a hearing date to determine whether the offender is in breach of a community order and may at any time —(a)

issue a summons directing the offender 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.

(4) Where an offender served with a summons issued under subsection (3)(a) fails to attend before the court, the court may issue a warrant for the arrest of the offender.

(5) Subject to subsection (7), if it is proved to the satisfaction of a court that an offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order —(a)

the court may, without affecting the continuance of the order —(i)

issue a warning to the offender;

(ii)

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

(iii)

impose on the offender a fine not exceeding $1,000;

(b)

subject to paragraph (c), the court may, 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; or

(c)

where the order was made in respect of an offence after the court had imposed and suspended under section 337(6) a sentence of imprisonment for that offence, the court must revoke the order.[19/2018]

(6) Where an offender is in breach of a short detention order, a court may, on the application of the Commissioner of Prisons or any person authorised by the Commissioner of Prisons, revoke the order and, taking into account the period the offender has been detained under that order, impose such sentence which is provided for the offence or offences in respect of which the order has been made.[1/2014]

(7) If it is proved to the satisfaction of a court that an offender in respect of whom a day reporting order, community work order or community service order is in force is in breach of the order, the court may, without affecting the continuance of the order, make an order for the offender to be detained in prison for a period which must not exceed 14 days.

(8) Sections 317 and 318 apply to an order made under subsection (7) as if the order were a sentence of imprisonment passed by the court.

(9) Where a court varies a mandatory treatment order under subsection (5)(a)(ii) by extending the period the offender has to undergo psychiatric treatment under the order, the period so extended must not exceed 36 months from the date the order is first in force.[19/2018]

(10) Where a court varies a day reporting order under subsection (5)(a)(ii) 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.

(11) Where a court varies a community work order under subsection (5)(a)(ii) 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.

(12) Where a court varies a community service order under subsection (5)(a)(ii) 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.

(13) If it is proved to the satisfaction of a court that an offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order, and the offender is serving any other community order at the time of the breach —(a)

the offender is deemed to be in breach of all the community orders; and

(b)

the court must deal with the offender in accordance with subsection (5) in relation to the breach of each of those community orders.