Non‑compliance with bond
113 Non‑compliance with bond
If it appears to a probative court, by evidence given on oath, that a probationer may have failed to comply with a condition of the probationer's bond, the court—
may—
issue a summons to the probationer requiring the probationer to appear before the court at the time and place specified in the summons;
or
issue a warrant for the probationer's arrest; and
may issue a summons to a guarantor.
If a person fails to appear before the court as required by a summons issued under this section, the court may issue a warrant for the person's arrest.
If a person is arrested pursuant to a warrant issued under this section, the person must be brought before the probative court or the
Magistrates Court not later than the next working day and may be remanded in custody or released on bail pending determination of the proceedings.
If a probationer is found guilty of an offence by a court of a superior jurisdiction to that of the probative court, being an offence committed during the term of the bond, any proceedings for breach of condition arising out of the offence are to be taken in the court of superior jurisdiction.
If a probationer is found guilty of an offence by a court of an inferior jurisdiction to that of the probative court, being an offence committed during the term of the bond, the court of an inferior jurisdiction must—
sentence the probationer for the offence and remand the probationer to the probative court to be dealt with for breach of the conditions of the bond; or
remand the probationer to the probative court to be sentenced for the offence and dealt with for breach of the conditions of the bond.
The court dealing with a probationer for breach of condition must hear any evidence adduced tending to establish that the probationer has failed to comply with a condition of the bond and any evidence or representations that the probationer may wish to adduce or make in reply.
In this section—
court of an inferior jurisdiction means—
if the probative court is the Supreme Court—the District
Court or the Magistrates Court;
if the probative court is the District Court—the Magistrates
Court;
court of a superior jurisdiction means—
if the probative court is the Magistrates Court—the Supreme
Court or the District Court;
if the probative court is the District Court—the Supreme
Court.
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