Criminal Code (Cap. 9), article 28G

28G. ( 1 ) W h e r e a s e n t e n c e o f m o r e t h a n s i x m o n t h s imprisonment is suspended in accordance with the provisions of article 28A(1), the court may in addition make a suspended sentence supervision order (herei nafter referred to as "a super vision order") placing the offender under the supervision of a supervi sing officer for a period specified in the order, being a period not exceeding the operational period. 26 CAP. 9.] CRIMINAL CODE Cap. 446. (1A) Where a supervision order is made in accordance with the provisions of sub-article (1), the court may, in addition to th e order, make a community service order as defined in article 11 of the Probation Act and the provisions of the Probation Act shall, mutatis mutandis , apply to any such order. Cap. 446. (2) A supervision order shall specify the name, address and other identification particulars of the offender, and the super vising officer shall be a probation officer appointed under the Probation Act and named in the supervision or der; and the supervision order may moreover require the offender to comply, during the whole o r any part of the period of supervision, with such requirements a s may be imposed by the court under the provisions of article 7 o f the said Act. (3) An offender in respect of whom a supervision order is in force shall keep in touch with t he supervising officer in accor dance with such instructions as he may from time to time be given by that officer and shall no tify him of any ch ange of address. (4) The court by which a supervision order is made shall cause a copy of the order to be served forthwith on the supervising officer. (5) A supervision order shall ceas e to have effect if before the end of a period sp ecified in it - (a) a court orders that the suspended sentence passed in the proceedings in which the supervision order was made shall have effect; or (b) the order is discharged or replaced in accordance with the following provisions of this article. (6) A supervision order may be discharged on the application of the supervising officer or the offender by the court which m ade the order. If such order was made on appeal, the court from whi ch the appeal was made shall be deemed to be the court which made the order. (7) The court which made the sup ervision order may replace it by an order extending its duration in accordance with any varia tion of the operational period of the suspended sentence made under article 28B(2). (8) On making or replacing a supervision order the court shall explain its effect i n ordinary language to the offender. (9) If at any time while the supervision order is in force it appears to the court that made the order, on the written report of the supervising officer, that the offender has failed to comply wit h any of the requirements of sub-artic les (2) and (3), the court shal l cause the offender to be brought before it on an appointed day and at an appointed time, and if the court, after hearing the offender, i s satisfied that such failure has occurred, it may either in seri ous or repeated cases order that the suspended sentence passed in the proceedings in which the supervision order was made shall have effect or, without prejudice to the continuation of the order, impose on him a fine ( ammenda) not exceeding two hundred and thirty-two euro and ninety-four cents (€232.94). CRIMINAL CODE [CAP. 9. 27 (10) Any reference to a supervision order shall be deemed to include a communi ty service order. Court direction for restitution or compensation. Added by: XXIX.1990.3. Amended by: XIII.2018.24; XXXII.2018.4.