CRIMINAL CODE [CAP. 9. 25 (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.

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