(6) The provisions of subsection (2) shall apply, mutatis mutandis, in respect of an inquiry in terms of paragraph (c) of subsection (5).
(7) Where it appears to any magistrate, whether after an inquiry in terms of paragraph (c) of subsection (5) or
otherwise, that any person has failed to observe the conditions of recognizances 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 to render 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 section 19 of Act 8 of 1997.]
(3) The Minister shall not make regulations in terms of this section in respect of matters for which rules of
court have been made.
FIRST SCHEDULE (Sections 25, 27, 30 and 42)
SPECIFIED O FFENCES IN R ELATION TO POWERS OF ARREST
1. Any offence at common law, other than bigamy, blasphemy, compounding an offence, contempt of court,
criminal defamation, incest or violating a grave or dead body.
2. Any offence in terms of any enactment in respect of which a punishment of a period of imprisonment exceeding six months is provided and may be imposed without the option of a fine.
[Paragraph substituted by section 8 of Act 14 of 2004.]
3. A conspiracy, incitement or attempt to commit, or being an accessory after the fact to, any of the offences
specified in paragraph 1 or 2.
SECOND SCHEDULE (Section 62)
OFFENCES IN C ONNECTION WITH WHICH THINGS M AY B E S EIZED AND CONFISCATED IN TERMS O F S ECTION 62
1. Any offence under any enactment relating to the unlawful possession, conveyance or supply of habitforming drugs or harmful liquids.
2. Any offence under any enactment relating to the unlawful possession of, or dealing in, precious metals or
precious stones.
3. Theft, either at common law or as defined by any enactment.
4. Breaking and entering any premises with intent to commit an offence, either at common law or in contravention of any enactment.
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