Probation Act (Cap. 446)

Probation Act (Cap. 446), article 21

Official PDF on legislation.mt

21. (1) If at any time during the probation period it appears to the Court of Magistrates, the Juvenile Court, the Criminal Cour t or the Court of Criminal Appeal, as the case may be, that the probationer has failed to comply with any of the requirements o f the community sanction, the competent court may issue a summons requiring the probationer to appear before such court at the pl ace and time specified therein, or may, if the circumstances so req uire, issue a warrant for the probationer’s arrest: Provided that except where the alleged failure is brought to the attention of the court by means of an application by the probation officer, no such summons or warrant shall be issued b y the respective Court, except on an information in writing and confirmed on oath. In either case the information must be filed within three months of the alleged failure by the probationer: Provided further that the Court shall appoint for hearing the application within twenty days of the filing of the said applic ation. (2) If it is proved to the satisfaction of the court, that the probationer has failed to comply with any of the requirements o f the community sanction, that court may, without prejudice to th e continuance of the sanction, impose on the offender a fine (ammenda ) not exceeding two hundred and thirty-two euro and ninety-four cents (232.94), or may deal with the probationer, f or the offence in respect of which the community sanction was made , in any manner in which the court could deal with the offender i f he had just been convicted by or before that court of that offence . (3) A fine imposed under this article in respect of a failure to comply with the requirements of a probation order shall be deem ed for the purposes of any enactment, but saving the provisions of article 22(1), to be a sum adjudged to be paid following a conviction. Absolute or conditional discharge.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.