256.
| (1) If the court by which a probation order was made, or the Magistrate's Court having jurisdiction in the place in which the offender resides, is satisfied, by information on oath or on the written report of the Commissioner of Probation Services or of a probation officer, that the offender has been convicted of any offence committed while the order was in force or has failed to observe any condition inserted in the order, the court may secure the attendance before it of the offender and the surety, if any. |
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| (2) If it is proved to the satisfaction of the court that the offender has been convicted of any offence committed while the order was in force, the court may cancel the probation order and impose or make any such sentence or order which it could impose or make if the offender had just been convicted before the court of the original offence. |
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| (3) If it is proved to the satisfaction of the court that the offender has failed to observe any condition of the order, the court may-
| | (a) without prejudice to the continuance in force of the probation order-
| | | (i) impose on the offender a line not exceeding one hundred and fifty rupees: |
| (ii) if the offender is below the age of sixteen years, remand such offender for a period not exceeding twenty-one days to a Juvenile Detention Centre, Regrind Home (within the meaning of the Children and Young Persons Ordinance), or to such other place as may be appointed by the Minister and; notified in the Gazette; or |
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| | (b) cancel the probation order and impose or make any such sentence or order which it could impose or make if the offender had just been convicted before that court of the original offence. | | |
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| (4) The powers conferred by subsection (2) or sub- section (3) on the Magistrate's Court having jurisdiction in the place in which the offender resides stall not be exercised by that
| | (a) the probation order in respect of that offender had originally been made by that Magistrate's Court; or | | |
| | (b) the court by which the probation order had originally been made, by writing under the hand of any Judge or Magistrate thereof, consents to the exercise of such powers by that Magistrate's Court. | | |
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| (5) In any case where any sentence or order is imposed or made in respect of any offender under sub- section (2) or subsection (3), the court may, instead of requiring his surety, if any, to pay the sum for which he is bound, require him to pay a part only of such sum or discharge him from the liability to make any such payment. |
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| (6) Where a Magistrate is satisfied, after due inquiry following information in writing or on oath that any person has knowingly interfered with, assisted, or induced any offender to commit a breach of any of the conditions of a probation order or to commit a further offence, such person shall be guilty of an offence and shall be liable to a fine or imprisonment or both. |
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Sri Lanka Consolidated Acts