(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 section 18 of Act 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 Attorney-General or a public prosecutor;
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 section 18 of Act 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 section 49 of Act 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 section 4;9 of Act 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.
(4) Where a magistrates court orders that any person shall be placed in a training institute or reform school in
terms of subsection (2) or (3), such court shall forward the proceedings to the registrar of the High Court for
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