Section 7Part 3 — Curfew Orders
Breach of curfew orders
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If, at any time, while a curfew order is in force in respect of any person, it appears on information to the court that made the order that that person has failed to comply with any of the requirements of section 5 or 6, the court may issue a summons directing that person to appear before it, or may, if the information is in writing and on oath, issue a warrant for his arrest and for him to be brought before it.
If it is proved to the satisfaction of the court that the convicted person has failed without reasonable excuse to comply with any of the requirements of section 5 or 6, the court may, without prejudice to the continuance of the order —
impose on the convicted person a fine of two thousand dollars;
revoke the order and impose, in substitution therefor, in addition to any other sentence either by way of fine or imprisonment, or both, which may have already been imposed at the time of the conviction —
a further fine;
a further term of imprisonment; or
a further fine and term of imprisonment, but not so as to cause such further fine or further term of imprisonment when added to any fine or term of imprisonment imposed at the time of the original conviction to exceed the maximum fine or the maximum term of imprisonment laid down in the law in respect of contravention of which he was originally sentenced; and
impose, where no fine or imprisonment was imposed at the time of the original conviction, such fine or imprisonment or both, as could have been imposed at that time.
Cross References
- Section 5 of Alternative Sentencing Law
Reference to requirements of curfew orders
- Section 6 of Alternative Sentencing Law
Reference to electronic monitoring requirements