s.18Procedure on breach of condition
18
Section 18Part 5 — Conditional Sentences

Procedure on breach of condition

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If at any time while a conditional sentence order is in force in respect of any person, it appears on information to the court that made the order that he has failed to comply with any of the requirements of section 17 (including any failure satisfactorily to perform any work which he has been instructed to do) or that he has been convicted of another offence, it may issue a summons directing him 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.
An allegation of a breach of condition may be heard by any court having jurisdiction to hear that allegation, and any allegation of a breach shall be heard —
where a warrant was issued within thirty days after the convicted person’s arrest or as soon thereafter as is practicable; or
where a summons was issued, within thirty days after the issue of the summons or as soon thereafter as is practicable.
An allegation of a breach of condition shall be supported by a written report of the supervisor, which report shall include, where appropriate, signed statements of witnesses.
The convicted person may, with leave of the court, require the attendance, for cross-examination, of the supervisor or of any witness whose signed statement is included in the report.
Where the convicted person has been convicted for another offence or the court is satisfied that the convicted person has without reasonable excuse, breached a condition of the conditional sentence order, the court may —
take no action;
change the optional conditions of the order;
suspend the conditional sentence order and direct —
that the convicted person serve in prison a portion of the unexpired sentence; and
that the conditional sentence order resume on the convicted person’s release from imprisonment, either with or without changes to the optional conditions; or
terminate the conditional sentence order and direct that the offender be committed to prison until the expiration of the sentence.

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