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National Objectives for Social Work Services in the Criminal Justice System: Standards - Community Service
CHAPTER 8: REVIEW PROCEDURES
113.Any application may be made to the court for the amendment or revocation of a Community Service Order in terms of section 240 of the Act. The application may be made by the offender or the Community Service Officer.
114.Two related criteria must be met before application is made, namely:
114.1that circumstances have arisen since the Order was made and, for that reason,
114.2it would be in the interests of justice for the Court to consider amendment or revocation.
115.There are no specified circumstances contained in the Act which constitute grounds for revocation or amendment. However, the following will illustrate the most common grounds for such an application:
115.1medically certified illness over a lengthy period of time which prevents the offender from performing the Order in a satisfactory manner;
115.2the offender's conviction for further offences resulting in a significant period of custody;
115.3the offender's move to any place where either there is no Community Service Scheme in operation or the Scheme in that place is unwilling to accept transfer of the Order;
115.4the offender's employment circumstances over a significant period of time are such that there are no available and reliable times to undertake Community Service work;
115.5any other exceptional circumstances.
116.Procedures in terms of section 240 of the Act must not be used as a substitute for Breach proceedings in terms of section 239 of the Act.
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