CRIMINAL PROCEDURE AND EVIDENCE ACT
zances referred to in paragraph (a) of subsection (3), he may order the recognizances to be
forfeited.
(8) An order in terms of subsection (7) shall have the effect of a civil judgment of the court.
(9) If a peace officer believes on reasonable grounds that the conditions of recognizances
referred to in paragraph (a) of subsection (3) are not being observed by any person, he may
arrest the person without warrant and shall, as soon as possible, bring him before a magistrate
for the purposes of an inquiry in terms of paragraph (c) of subsection (5) and the provisions of
this section shall thereafter apply, mutatis mutandis.
(10) A person arrested in terms of subsection (9) shall be informed forthwith by the person
arresting him of the cause of the arrest.
389 Regulations
(1) Subject to subsection (3), the Minister may by regulation prescribe all matters which by
this Act are required or permitted to be prescribed or which, in his opinion, are necessary or
convenient to be prescribed for giving effect to this Act.
(2) Regulations made in terms of subsection (1) may provide—
(a) for the persons who shall be prescribed officers for the purposes of section three hundred and fifty-six;
(b) for the powers and duties of employers in relation to any order made under section
three hundred and forty-nine for deductions from the wages of offenders;
(c) in relation to the suspension or postponement of sentences, for—
(i) the appointment, powers and duties of persons, to be known as probation officers,
to whom may be entrusted the care or supervision of offenders whose sentences
have been suspended or in respect of whom passing of sentence has been postponed;
(ii) the circumstances in which courts may entrust offenders to the care and supervision of probation officers;
(iii) the conditions to be observed by offenders entrusted to the care and supervision
of probation officers, and the variation of such conditions;
(d) in relation to community service as defined in section three hundred and thirty-five A,
for⎯
(i) the circumstances in which a court may not order an offender community service;
(ii) the form and content of orders requiring persons to render community service;
(iii) information to be supplied to offenders regarding any order requiring them to
render community service;
(iv) the manner in which offenders shall render community service.
[Paragraph as inserted by s. 19 of Act No. 8 of 1997.]
(e) in relation to the “Statement of Rights Upon Arrest” set forth in the Tenth Schedule—
(i) for the official translation of the Statement into Chewa, Chibarwe, Kalanga,
Koisan, Nambya, Ndau, Ndebele, Shangani, Shona, Sotho, Tonga, Tswana,
Venda and Xhosa;
(ii) for the amendment of the Tenth Schedule by adding, deleting or substituting any
words therein, or for the replacement the Tenth Schedule entirely:
Provided that when the Minister wishes to make regulations for the purpose of
subparagraph (i) or (ii) he or she shall lay the draft regulations before Parliament, and
if neither the National Assembly nor the Senate makes a resolution against the publication of regulations within the next seven sitting days after it is so laid before each
House, the Minister shall cause it to be published in the Gazette;
[Paragraph inserted by s. 45 of Act No. 2 of 2016]
(f) for the questioning by peace officers of persons who are suspected of having committed
an offence.
[Paragraph inserted by s. 45 of Act No. 2 of 2016]
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