CRIMINAL PROCEDURE AND EVIDENCE ACT
a court may⎯
(i) amend a community service order;
or
(ii) revoke a community service order and deal with the offender for the offence in respect
of which the order was made in any manner in which the court which made the order
could have dealt with him;
if the court considers it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made.
(2) A community service order made by⎯
(a) the High Court, shall not be amended or revoked in terms of subsection (1) except by
the High Court;
(b) a magistrate, shall not be amended or revoked in terms of subsection (1) except by that
magistrate or by another magistrate who has the same or greater jurisdiction to impose
punishment in criminal cases.
(3) A court may order an offender to be brought before it for the purposes of an application
in terms of subsection (1) and, if necessary, may order him to be arrested without warrant and,
unless admitted to bail in terms of Part XI, to be detained in prison.
(4) An offender who is dealt with by a court under the powers conferred on it by paragraph
(ii) of subsection (1) 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.]
C. Special provisions relating to punishment of juveniles
351 Manner of dealing with convicted juveniles
(1) In this section—
“reform school” means a reform school as defined in section 1 of the Children’s Act of the
Republic of South Africa, as amended from time to time;
“training institute” means a training institute as defined in section 2 of the Children’s Act
[Chapter 5:06].
[Definition amended by s. 49 of Act No.23 of 2001.]
(2) Any court before which a person under the age of nineteen years has been convicted of
any offence may, instead of imposing a punishment of a fine or imprisonment for that offence,
subject to subsection (1) of section three hundred and thirty-seven—
(a) order that he shall be taken before a children’s court and dealt with in terms of the
Children’s Act [Chapter 5:06]; or
[Paragraph amended by s. 4;9 of Act No.23 of 2001.]
(b) after ascertaining from the Minister responsible for social welfare that accommodation
is available, order that he shall be placed in a training institute in Zimbabwe or in a reform school in the Republic of South Africa for the period specified in subsection (1) of
section three hundred and fifty-two.
(3) Any court before which a person who is nineteen years of age or more but who is under
twenty-one years of age has been convicted of any offence other than murder, treason or rape
may, instead of imposing a punishment of a fine or imprisonment on him for that offence—
(a) order that he shall be placed under the supervision of a probation officer or any other
suitable person designated in the order for the period specified in subsection (1) of section three hundred and fifty-two and that he shall reside as directed by the court from
time to time; or
(b) after ascertaining from the Minister responsible for social welfare that accommodation
is available, order that he shall be placed in a training institute in Zimbabwe or in a reform school in the Republic of South Africa for the period specified in subsection (1) of
section three hundred and fifty-two.
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