| (1) |
Where a court convicts a person of any offence, other than an offence in respect of which any law prescribes a minimum punishment, the court may in its discretion— |
| (a) |
postpone for a period not exceeding five years the passing of sentence and release the person concerned— |
| (i) |
on one or more conditions, whether as to— |
| (bb) |
the rendering to the person aggrieved of some specific benefit or service in lieu of compensation for damage or pecuniary loss; |
| (cc) |
the performance without remuneration and outside the prison of some service for the benefit of the community under the supervision or control of an organization or institution which, or person who, in the opinion of the court, promotes the interests of the community (in this section referred to as community service); |
[Item (cc) substituted by section 20(a) of Act No. 33 of 1986]
[Item (ccA) inserted by section 47 of Act 122 of 1991]
| (dd) |
submission to instruction or treatment; |
| (ee) |
submission to the supervision or control (including control over the earnings or other income of the person concerned) of a probation officer as defined in the Probation Services Act, 1991 (Act No. 116 of 1991); |
[Item (ee) substituted by section 4 of Act No. 18 of 1996]
| (ff) |
the compulsory attendance or residence at some specified centre for a specified purpose; |
and order such person to appear before the court at the expiration of the relevant period; or
| (ii) |
unconditionally, and order such person to appear before the court, if called upon before the expiration of the relevant period; or |
| (b) |
pass sentence but order the operation of the whole or any part thereof to be suspended for a period not exceeding five years on any condition referred to in paragraph (a)(i) which the court may specify in the order; or |
| (c) |
discharge the person concerned with a caution or reprimand, and such discharge shall have the effect of an acquittal, except that the conviction shall be recorded as a previous conviction. |
| (1A) |
[Section 297(1A) deleted by section 99(1) of Act No. 75 of 2008] |
| (2) |
Where a court has under paragraph (a)(i) of subsection (1) postponed the passing of sentence and the court, whether differently constituted or not, is at the expiration of the relevant period satisfied that the person concerned has observed the conditions imposed under that paragraph, the court shall discharge him without passing sentence, and such discharge shall have the effect of an acquittal, except that the conviction shall be recorded as a previous conviction. |
| (3) |
Where a court has under paragraph (a)(ii) of subsection (1) unconditionally postponed the passing of sentence, and the person concerned has not at the expiration of the relevant period been called upon to appear before the court, such person shall be deemed to have been discharged with a caution under subsection (1)(c). |
| (4) |
Where a court convicts a person of an offence in respect of which any law prescribes a minimum punishment, the court may in its discretion pass sentence but order the operation of a part thereof to be suspended for a period not exceeding five years on any condition referred to in paragraph (a)(i) of subsection (1). |
| (5) |
Where a court imposes a fine, the court may suspend the payment thereof— |
| (a) |
until the expiration of a period not exceeding five years; or |
| (b) |
on condition that the fine is paid over a period not exceeding five years in instalments and at intervals determined by the court. |
| (a) |
A court which sentences a person to a term of imprisonment as an alternative to a fine or, if the court which has imposed such sentence was a regional court or a magistrate's court, a magistrate, may, where the fine is not paid, at any stage before the expiration of the period of imprisonment, suspend the operation of the sentence and order the release of the person concerned on such conditions relating to the payment of the fine or such portion thereof as may still be due, as to the court or, in the case of a sentence imposed by a regional court or magistrate’s court, the magistrate, may seem expedient, including a condition that the person concerned take up a specified employment and that the fine due be paid in instalments by the person concerned or his employer: Provided that the power conferred by this subsection shall not be exercised by a magistrate where the court which has imposed the sentence has so ordered. |
| (b) |
A court which has suspended a sentence under paragraph (a), whether differently constituted or not, or any court of equal or superior jurisdiction, or a magistrate who has suspended a sentence in terms of paragraph (a), may at any time— |
| (i) |
further suspend the operation of the sentence on any existing or additional conditions which to the court or magistrate may seem expedient; or |
| (ii) |
cancel the order of suspension and recommit the person concerned to serve the balance of the sentence. |
[Section 297(6) substituted by section 21 of Act No. 59 of 1983]
| (a) |
postponed the passing of sentence under paragraph (a)(i) of subsection (1); |
| (b) |
suspended the operation of a sentence under subsection (1)(b) or (4); or |
| (c) |
suspended the payment of a fine under subsection (5), |
whether differently constituted or not, or any court of equal or superior jurisdiction may, if satisfied that the person concerned has through circumstances beyond his control been unable to comply with any relevant condition, or for any other good and sufficient reason, further postpone the passing of sentence or further suspend the operation of a sentence or the payment of a fine, as the case may be, subject to any existing condition or such further conditions as could have been imposed at the time of such postponement or suspension.
| (a) |
postponed the passing of sentence under paragraph (a)(i) of subsection (1); or |
| (b) |
suspended the operation of a sentence under subsection (1)(b) or under subsection (4), |
on condition that the person concerned perform community service or that he submit himself to instruction or treatment or to the supervision or control of a probation officer or that he attend or reside at a specified centre for a specified purpose, may, whether or not the court is constituted differently than it was at the time of such postponement or suspension, at any time during the period of postponement or suspension on good cause shown amend any such condition or substitute any other competent condition for such condition, or cancel the order of postponement or suspension and impose a competent sentence or put the suspended sentence into operation, as the case may be.
[Section 297(8) substituted by section 20(c) of Act No. 33 of 1986]
| (a) |
A court which under this section has imposed a condition according to which the person concerned is required to perform community service, to undergo instruction or treatment or to attend or reside at a specified centre for a specified purpose, shall cause to be served upon the person concerned a notice in writing directing him to report on a date and time specified in the notice or (if prevented from doing so by circumstances beyond his control) as soon as practicable thereafter, to the person specified in that notice, whether within or outside the area of jurisdiction of the court, in order to perform that community service, to undergo that instruction or treatment or to attend that centre or to reside thereat, as the case may be. |
| (b) |
A copy of the said notice shall serve as authority to the person mentioned therein to have that community service performed by the person concerned or to provide that instruction or treatment to the person concerned or to allow the person concerned to attend that centre or to reside thereat. |
[Section 297(8A) inserted by section 20(d) of Act No. 33 of 1986]
| (a) |
when he reports to perform community service, to undergo instruction or treatment or to attend or reside at a specified centre for a specified purpose, is under the influence of intoxicating liquor or drugs or the like; or |
| (b) |
impersonates or falsely represents himself to be the person who has been directed to perform the community service in question, to undergo the instruction or treatment in question or to attend or reside at the specified centre for the specified purpose, |
shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding three months.
[Section 297(8B) inserted by section 20(d) of Act No. 33 of 1986]
| (a) |
If any condition imposed under this section is not complied with, the person concerned may upon the order of any court, or if it appears from information under oath that the person concerned has failed to comply with such condition, upon the order of any magistrate, regional magistrate or judge, as the case may be, be arrested or detained and, where the condition in question— |
| (i) |
was imposed under paragraph (a)(i) of subsection (1), be brought before the court which postponed the passing of sentence or before any court of equal or superior jurisdiction; or |
| (ii) |
was imposed under subsection (1)(b), (4) or (5), be brought before the court which suspended the operation of the sentence or, as the case may be, the payment of the fine, or any court of equal or superior jurisdiction, |
and such court, whether or not it is, in the case of a court other than a court of equal or superior jurisdiction, constituted differently than it was at the time of such postponement or suspension, may then, in the case of subparagraph (i), impose any competent sentence, which may, where the person concerned is under the age of twenty-one years, include an order under the provisions of section 290, or, in the case of subparagraph (ii), put into operation the sentence which was suspended.
[Section 297(9)(a) substituted by section 99(1) of Act No. 75 of 2008]
| (b) |
A person who has been called upon under paragraph (a)(ii) of subsection (1) to appear before the court may, upon the order of the court in question, be arrested and brought before that court, and such court, whether or not constituted differently than it was at the time of the postponement of sentence, may impose upon such person any competent sentence. |
Contingency Fees Act, 1997
