Section 44Part 2 — Punishments
Breach of community service order
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44. (1) If at any time while a community service 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 43 (including any failure satisfactorily to perform the work which that person has been instructed to do), it 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 that person’s arrest and for that person 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 43, it may, without prejudice to the continuance of the order, impose on that convicted person a fine of two thousand dollars or may 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 or a further term of imprisonment, or both, but not so as to cause the 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 the convicted person was originally sentenced; and where no fine or imprisonment was imposed at Penal Code (2026 Revision) Section 45 c Revised as at 31st December, 2025 Page 33 the time of the original conviction then the court before whom that convicted person appears or is brought may impose such fine or imprisonment or both, as could have been imposed at that time.