CRIMINAL PROCEDURE AND EVIDENCE ACT Provided that this subsection shall not apply where a minimum penalty is prescribed in the enactment concerned as punishment for the offence. [Section inserted by s. 18 of Act No. 8 of 1997.] 350B Performance of community service (1) Subject to this section and to such conditions and requirements as may be prescribed, an offender in respect of whom a community service order is in force shall render the service specified in the order for the number of hours specified therein. (2) Unless revoked, a community service [order]17 shall remain in force until the offender has rendered the number of hours’ service specified in it. [Section inserted by s. 18 of Act No. 8 of 1997.] 350C Breach of community service order (1) Subject to this section, if a magistrate has reason to believe, whether from information on oath or otherwise, that an offender has failed to comply with any requirement of a community service order, the magistrate may order the offender to be brought— (a) before the High Court, where the community service order was made by that court; or (b) before a magistrates court, where the community service order was made by that court; for the purposes of subsection (3). (2) The magistrate may, if necessary for the purpose of an order under subsection (1), order the offender to be arrested without warrant and, unless the offender is admitted to bail in terms of Part XI, to be detained in prison. (3) If the court is satisfied that an offender who has been brought before it in terms of subsection (1) has failed to comply with any requirement of a community service order, the court may— (a) amend or extend the order in such manner as the court thinks will best ensure that the offender renders the service specified in the order; or (b) revoke the order and⎯ (i) order the offender to pay any fine or undergo any imprisonment that was imposed on him as an alternative punishment in terms of subsection (3) of section three hundred and fifty A; or (ii) where the court that made the order did not impose an alternative punishment in terms of subsection (3) of section three hundred and fifty A, deal with the offender for the offence in respect of which the order was made in any manner in which that court could have dealt with him; or (c) make such other order or direction in the matter as the court considers just. (4) Where a court makes an order referred to in subparagraph (i) of paragraph (b) of subsection (3), the court may reduce any fine to be paid or imprisonment to be undergone by the offender concerned to such extent as the court considers appropriate in order to take into account any service the offender rendered in compliance with the community service order concerned. (5) An offender who is dealt with by a court under the powers conferred on it by subparagraph (ii) of paragraph (b) of subsection (3) shall have the same right of appeal against any sentence or order of the court as if the sentence or order had been imposed in a criminal trial. [Section inserted by s. 18 of Act No. 8 of 1997.] 350D Amendment or revocation of community service order (1) Subject to this section, on the application of⎯ (a) the offender concerned or, if he is a minor, his parent or lawful guardian; or (b) the Prosecutor-General or a public prosecutor; [Paragraph amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015] 17 The word “order” seems to have been omitted from the amendment. 131