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As enacted

Part II · Community Based Correction Orders

14. Failure to comply with community based correction order an offence

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Any offender who fails without reasonable cause, to comply with any condition of a community based correction order shall be guilty of an offence under this Act, and shall be liable, on conviction after summary trail, to a fine not exceeding five thousand rupees.

(2)

Where a person commits an offence under subsection (1) the Commissioner shall institute proceedings in respect of that offence by making a written report to the Court which entered the community based correction order in relation to which the default is alleged to have been made, to the effect that the person specified in the report has failed to comply with the conditions of the order specified in the report.

(3)

Upon the making of a written report to it under subsection (2) in respect of an offence under subsection (1), the court may issue summons or warrant of arrest on the offender and proceed to try such offence in the manner provided by the Code of Criminal Procedure Act. No. 15 of 1979 for the trial of offences summarily.

(4)

Upon the conviction of any person for an offence under sub section (1), the court may -

(a)

vary the community based correction order in respect of which the default was made;

(b)

cancel such order.

if such order is for the time being in force.

(5)

Upon the cancellation of a community based correction order, the court may subject to the provisions of sub section (6) deal with the offender for the offence or offences in respect of which the order was entered in any manner in which the court could have dealt with the offender had it just found him or her guilty of that offence.

(6)

In dealing with an offender following the cancellation of a community based correction order, the court shall have regard to the extent to which the offender had complied with the conditions of the order before its cancellation.