CRIMINAL PROCEDURE AND EVIDENCE ACT
Provided that no such condition shall require compensation to be paid in respect of
damage or loss that is the subject of an award of compensation in terms of Part XIX;
(c) the rendering of some specified benefit or service to any person injured or aggrieved by
the offence:
Provided that no such condition shall be specified unless the person injured or aggrieved by the offence has consented thereto;
(d) the rendering of service for the benefit of the community or a section thereof;
(e) submission to instruction or treatment;
(f) submission to the supervision or control of a probation officer appointed in terms of the
Children’s Protection and Adoption Act [Chapter 5:06] or regulations made under section three hundred and eighty-nine, or submission to the supervision and control of any
other suitable person;
(g) compulsory attendance or residence at some specified centre for a specified purpose;
(h) any other matter which the court considers it necessary or desirable to specify having
regard to the interests of the offender or of any other person or of the public generally.
(4) If the offender has, during the period of any postponement or suspension ordered under
paragraph (a) or (b) of subsection (2), observed all the conditions specified in the order, the
sentence shall not be passed or enforced, as the case may be.
(5) Subject to section 55 of the Magistrates Court Act [Chapter 7:10] and of subsections
(12) and (13), if a magistrate has reason to believe, whether from information on oath or otherwise, that a condition of any postponement or suspension made in terms of paragraph (a), (b)
or (c) of subsection (2) has been contravened or that the offender has failed to pay a fine or any
instalment thereof on a date fixed in terms of paragraph (c) of subsection (2), he may, whether
before or after the expiration of the period of postponement or suspension, order the offender to
be brought—
(a) where the postponement or suspension was made by the High Court, before that court;
or
(b) where the postponement or suspension was made by a magistrates court, before a
magistrates court or the High Court;
for the purposes of subsection (7).
(6) The magistrate may, if necessary for the purpose of an order in terms of subsection (5),
order the offender to be arrested without warrant and, unless the offender is admitted to bail in
terms of Part IX, to be detained in prison.
(7) When the offender is brought before the court in accordance with an order made in terms
of subsection (5), the court may commit him to undergo the sentence which may then be or has
been lawfully passed or, in its discretion, the reasons whereof shall be recorded on good cause
shown by the offender—
(a) grant a further postponement or suspension, as the case may be, for a further period not
exceeding five years where the original postponement or suspension was in terms of
paragraph (a) or (b) of subsection (2) or one year where the original suspension was in
terms of paragraph (c) of subsection (2), subject to such conditions as might have been
imposed at the time of the original postponement or suspension; or
(b) in the case of a postponement or suspension in terms of paragraph (a) or (b) of subsection (2), refuse to pass sentence or bring the suspended sentence into operation, as the
case may be.
(8) Where—
(a) the condition or one of the conditions on which any period of imprisonment has been
ordered to be suspended in terms of paragraph (b) of subsection (2) is that the offender
pay by a specified date an amount of money to any person as compensation; and
(b) before the date part of such amount has been paid in terms of the order of suspension;
and
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