CRIMINAL CODE
[CAP. 9.
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(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 with any
of the requirements of subarticles (2) and (3), the court shall 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, is
satisfied that such failure has occurred, it may either in serious 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).
(10) Any reference to a supervision order shall be deemed to
include a community service order.
28H. (1) When making an order for suspended sentence under
subarticle (1) of article 28A, the court may enter in such order a
direction obliging the offender to make restitution to the injured
party of anything stolen or knowingly received or obtained by fraud
or other unlawful gain by the offender to the detriment of such
party by or through the offence to which the suspended sentence
relates, or to pay to such party such sum of money as may be
determined by the court in that direction as compensation for any
such loss as aforesaid or for any damages or other injury or harm
caused to such party by or through the offence; and any such order
may include both a direction to make restitution and, in default, to
pay as aforesaid.
(2) In any case in which it enters such a direction in its order
under article 28A(1) the court shall, in that direction, fix the timelimit, not being longer than six months from the date of the
direction, within which the restitution or payment of compensation
specified in the direction shall be made by the offender.
(3) The court shall determine the amount of any compensation
directed to be paid under this article after summarily hearing the
parties, if they so wish, and any other evidence, including that of
experts, it may deem relevant, but the amount of compensation so
determined shall be without prejudice to the rights of either of the
parties, or any other person interested, ensuing from the final
liquidation of the amount due, if any, as may be subsequently
agreed or adjudicated upon in a civil action or in any other manner
permitted by law.
(4) If the offender fails to comply with a direction entered
under this article within the time fixed by the court in that
direction, the court shall on the sworn application of the party to
whom such restitution or compensation is due, to be served on the
offender, appoint a date and time not later than seven days from the
date of service of the application, for hearing the parties.
(5) If the court, after such hearing, is satisfied that the offender
has failed to comply with its direction under this article, it shall
order that the suspended sentence shall take effect. The court may,
however, for reasonable cause, grant to the offender a further
peremptory period not exceeding one month, for complying with
Court direction for
restitution or
compensation.
Added by:
XXIX. 1990.3.