Section 45 of the Criminal Law (Sentencing) Act, as originally enacted provided:-

A court must not sentence a defendant to community service, or include in a bond a condition requiring performance of community service, unless the court is satisfied, on the report of an employee in the Department of Correctional Services, that there is, or will be within a reasonable time, a placement for the defendant at a community service centre reasonably accessible to the defendant.

This provision, if strictly observed, caused considerable administrative problems and delays in sentencing. Whilst one could usually be satisfied that work would be available in the metropolitan area, similar considerations did not apply to persons resident in the country. Problems arose where Community Service was ordered, but not available. There was no power to reconsider the order with the result that such persons were usually excused from the obligation. In particular problems arose in relation to persons who were physically or for some other reason, unable to do community service work.

By amending Act 69 of 1995, which came into effect on 18 December 1995, the old section 45 was deleted and a completely new section 45 enacted as follows:-

(1) If the CEO, on being notified that a court has sentenced a defendant to community service or has included in a bond a condition requiring the performance of community service, is of the opinion that suitable community service work cannot be found for the defendant because of his or her physical or mental infirmity, the CEO must notify the court in writing of that fact.

(2) On receiving a notification under subsection (1), the court may discharge the community service order or revoke the condition, as the case may be, and require the defendant to appear before the court for further sentencing.

Whilst this has overcome the problem in relation to defendants who are unable to perform the work, it does not help where, because of the residence of the defendant, community service work is unavailable. Whilst there is no problem when dealing with persons who live in the metropolitan area, or more populated country areas, it is imperative that when sentencing defendants who live in remote areas that enquiries be made with the Department of Correctional Services to ensure that they are able to provide a community service placement. If that is not done, the order of the court may be nugatory.