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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Criminal Procedure Act, No. 51 of 1977
(as unamended, amended version of Overview pending]

Long title


To make provision for procedures and related matters in criminal proceedings.

Table of contents

SECTION TITLE
ARRANGEMENT OF SECTIONS

DEFINITIONS
1. ... [sic - no title]
CHAPTER 1. PROSECUTING AUTHORITY
2. ... [...repealed by Act 1998_032_044_19980703 Sch - was entitled "Authority to prosecute vested in State"]
3. ... [... repealed by Act 1992_092_0008(1) - was entitled "Attorney-general the prosecuting authority on behalf of State"]
4. ... [... repealed by Act 1992_092_0008(1) - was entitled "Delegation, and local public prosecutor"]
5. ... [...repealed by Act 1998_032_044_19980703 Sch - was entitled "Presiding judicial officer may in certain circumstances appoint prosecutor"]
6. Power to withdraw charge or stop prosecution
7. Private prosecution on certificate nolle prosequ
8. Private prosecution under statutory right
9. Security by private prosecutor
10. Private prosecution in name of private prosecutor
11. Failure of private prosecutor to appear
12. Mode of conducting private prosecution
13. Attorney-general may intervene in private prosecution
14. Costs in respect of process
15. Costs of private prosecution
16. Costs of accused in private prosecution
17. Taxation of costs
18. Prescription of right to institute prosecution
CHAPTER 2. SEARCH WARRANTS, ENTERING OF PREMISES, SEIZURE, FORFEITURE AND DISPOSAL OF PROPERTY CONNECTED WITH OFFENCES
19. Saving as to certain powers conferred by other laws
20. State may seize certain articles|
21. Article to be seized under search warrant
22. Circumstances in which article may be seized without search warrant
23. Search of arrested person and seizure of article
24. Search of premises [... Title substituted by Act 1983_059_012_19830511 - was entitled "Search by occupant of land"]
25. Power of police to enter premises in connection with State security or any offence
26. Entering of premises for purposes of obtaining evidence
27. Resistance against entry or search
28. Wrongful search an offence, and award of damages
29. Search to be conducted in decent and orderly manner
30. Disposal by police official of article after seizure
31. Disposal of article where no criminal proceedings are instituted or where it is not required for criminal
32. Disposal of article where criminal proceedings are instituted and admission of guilt fine is paid
33. Article to be transferred to court for purposes of trial
34. Disposal of article after commencement of criminal proceedings
35. Forfeiture of article to State
36. Disposal of article concerned in an offence committed outside Republic
36A.Interpretation of Chapter 3 [... inserted by Act 2010_006_002_20101005]
36B.Powers in respect of fingerprints of accused and convicted persons [... inserted by Act 2010_006_002_20101005]
36C. Fingerprints and body-prints for investigation purposes [... inserted by Act 2010_006_002_20101005]
35D.Powers in respect of buccal samples, bodily samples and crime scene samples [... inserted by Act 2013037_002_20140127]
35E.Samples for investigation purposes [... inserted by Act 2013037_002_20140127]
CHAPTER 3. ASCERTAINMENT OF BODILY FEATURES OF PERSONS [... Title amended by Act 2010_006_001_20101005 - was entitled "ASCERTAINMENT OF BODILY FEATURES OF PERSONS"]
37. Powers in respect of body-prints and bodily appearance of accused and convicted persons [... inserted by Act 2010_006_002_20101005 - was entitled "Powers in respect of prints and bodily appearance of accused"]
CHAPTER 4. METHODS OF SECURING ATTENDANCE OF ACCUSED IN COURT
38. Methods of securing attendance of accused in court
CHAPTER 5. ARREST
39. Manner and effect of arrest
40. Arrest by peace officer without warrant
41. Name and address of certain persons and power of arrest by peace officer without warrant
42. Arrest by private person without warrant
43. Warrant of arrest may be issued by magistrate or justice
44. Execution of warrants
45. Arrest on telegraphic authority
46. Non-liability for wrongful arrest
47. Private persons to assist in arrest when called upon
48. Breaking open premises for purpose of arrest
49. Use of force in effecting arrest
50. Procedure after attest
51. Escaping and aiding escaping before incarceration, and penalties therefor
52. Saving of other powers of arrest
53. Saving of civil law rights and liability
CHAPTER 6. SUMMONS
54. Summons as method of securing attendance of accused in magistrate's court
55. Failure of accused to appear on summons
CHAPTER 7. WRITTEN NOTICE TO APPEAR IN COURT
56. Written notice as method of securing attendance of accused in magistrate's court
CHAPTER 8. ADMISSION OF GUILT FINE
57. Admission of guilt and payment of fine without appearance in court
57A.Admission of guilt and payment of fine after appearing in court [...inserted by Act 1996_086_001_19961120]
CHAPTER 9. BAIL
58. Effect of bail
59A.  [sic - numerical sequencing]...  [...inserted by Act 1997_085_003_19971210] [...moved by Act 1997_085_003_19971210 to after s59]
59. Bail before first appearance of accused in lower court
59A. Director of Public Prosecutions may authorise release on bail [...inserted by Act 1997_085_003_19971210] [...Title amended by Act 2021_012_003_20220128 - was entitled "Attorney-general may authorise release on bail"]
60. Bail application of accused in court [... substituted by 1995_075_003_19950921 - was entitled "Bail after first appearance of accused in lower court"]
61. ... [... repealed by 1995_075_004_19950921 - was entitled "Attorney-general may prevent granting of bail in certain circumstances"]
62. Court may add further conditions of bail
63. Amendment of conditions of bail
63A. Release or amendment of bail conditions of accused on account of prison conditions [...inserted by Act 2001_042_006_20011207]
64. Proceedings with regard to bail and conditions to be recorded in full
65. Appeal to superior court with regard to bail
65A. Appeal by attorney-general against decision to court to release accused on bail [... inserted by 1995_075_007_19950921]
66. Failure by accused to observe condition of bail
67. Failure of accused on bail to appear
67A. Criminal liability of a person who is on bail on the ground of failure to appear or to comply with a condition of bail [... inserted by 1995_075_009_19950921]
68. Cancellation of bail  [... Title amended by1995_075_010_19950921 - was entitled "Cancellation of bail where accused about to abscond"]
68A. Cancellation of bail at request of accused [... inserted by Act 1983_059_015_19830511] 
69. Payment of bail money by third person
70. Remission of bail money
71. ... [... substituted by Act 1991_122_039_19910710 - was entitled "Juvenile may be placed in place of safety in lieu of release on bail or detention in custody"] [... repealed by Act 2008_075_099(1)_20090511 Sch4 Para(e) - was entitled ""Juvenile may be placed in place of safety or under supervision in lieu of release on bail or detention in custody"]
CHAPTER 10. RELEASE ON WARNING
72. Accused may be released on warning in lieu of bail
72A.Cancellation of release on warning [...inserted by act 1997_085_007_19971210]
CHAPTER 11. ASSISTANCE TO ACCUSED
73. Accused entitled to assistance after arrest and at criminal proceedings
74. [... repealed by Act 2008_075_099(1)_20090511 Sch4 Para(h) - was entitled "Parent or guardian of accused under eighteen years to attend proceedings"]
CHAPTER 12. SUMMARY TRIAL
75. Summary trial and court of trial
76. Charge-sheet and proof of record of criminal case
CHAPTER 13. ACCUSED: CAPACITY TO UNDERSTAND PROCEEDINGS: MENTAL ILLNESS AND CRIMINAL RESPONSIBILITY
77. Capacity of accused to understand proceedings
78. Mental illness or intellectual disability and criminal responsibility [... Title amended by Act 2017_004_002_20170629 - was entitled "Mental illness or metal defect and criminal responsibility"]
79. Panel for purposes of enquiry and report under sections 77 and 78
CHAPTER 14. THE CHARGE
80. Accused may examine charge
81. Joinder of charges
82. Several charges to be disposed of by same court
83. Charge where it is doubtful what offence committed
84. Essentials of charge
85. Objection to charge
86. Court may order that charge be amended
87. Court may order delivery of particulars
88. Defect in charge cured by evidence
89. Previous conviction not to be alleged in charge
90. Charge need not specify or negative exception, exemption, proviso, excuse or qualification
91. Charge need not state manner or means of act
92. Certain omissions or imperfections not to invalidate charge
93. Alibi and date of act or offence
94. Charge may allege commission of offence on divers occasions
95. Rules applicable to particular charges
96. Naming of company, firm or partnership in charge
97. Naming of joint owners of property in charge
98. Charge of murder or culpable homicide sufficient if it alleges fact of killing
99. Charge relating to document sufficient if it refers to document by name
100. Charge alleging theft may allege general deficiency
 .
SECTIONTITLE
101. Charge relating to false evidence
102. Charge relating to insolvency
103. Charge alleging intent to defraud need not allege or prove such intent in respect of particular person or mention owner of property or set forth details of deceit
104. Reference in charge to objectionable matter not necessary
CHAPTER 15. THE PLEA
105. Accused to plead to charge
105A. Plea and sentence agreements [... inserted by Act 2001_062_001_20011214]
106. Pleas
107. Truth and publication for public benefit of defamatory matter to be specially pleaded
108. Issues raised by plea to be tried
109. Accused refusing to plead
CHAPTER 16. JURISDICTION
110. Accused brought before court which has no jurisdiction
110A. Jurisdiction in respect of offences committed by certain persons outside Republic [...inserted by Act 2008_066_011_20080217]
111. Minister may remove trial to jurisdiction of another attorney-general
CHAPTER 17. PLEA OF GUILTY AT SUMMARY TRIAL
112. Plea of guilty
113. Correction of plea of guilty
114. Committal by magistrate's court of accused for sentence by regional court after plea of guilty
CHAPTER 18. PLEA OF NOT GUILTY AT SUMMARY TRIAL
115. Plea of not guilty and procedure with regard to issues
115A.Committal of accused for trial by regional court [... inserted by Act 1979_056_004_19790601]
116. Committal of accused for sentence by regional court after trial in magistrate's court
117. Committal to superior court in special case
118. Non-availability of judicial officer after plea of not guilty
CHAPTER 19. PLEA IN MAGISTRATE'S COURT ON CHARGE JUSTICIABLE IN SUPERIOR COURT
119. Accused to plead in magistrate's court on instructions of attorney-general
120. Charge-sheet and proof of record
121. Plea of guilty
122. Plea of not guilty
CHAPTER 9A. PLEA IN MAGISTRATE'S COURT ON CHARGE TO BE ADJUDICATED IN REGIONAL COURT [... Title inserted by Act 1979_056_007_19790601]
122A. Accused to plead in magistrate's court on charge to be tried in regional court  [... inserted by Act 1979_056_007_19790601]
122B. Charge-sheet and proof of record  [... inserted by Act 1979_056_007_19790601]
122C. Please of guilty  [... inserted by Act 1979_056_007_19790601]
122D. Plea of not guilty  [... inserted by Act 1979_056_007_19790601]
CHAPTER 20. PREPARATORY EXAMINATION
123. Attorney-general may instruct that preparatory examination be held
124. Proceedings preceding holding of preparatory examination to form part of preparatory examination record
125. Attorney-general may direct that preparatory examination be conducted at a specified place
126. Procedure to be followed by magistrate at preparatory examination
127. Recalling of witnesses after conversion of trial into preparatory examination
128. Examination of prosecution witnesses at preparatory examination
129. Recording of evidence at preparatory examination and proof of record
130. Charge to be put at conclusion of evidence for prosecution
131. Accused to plead to charge
132. Procedure after plea
133. Accused may testify at preparatory examination
134. Accused may call witnesses at preparatory examination
135. Discharge of accused at conclusion of preparatory examination
136. Procedure with regard to exhibits at preparatory examination
137. Magistrate to transmit record of preparatory examination to attorney-general
138. Preparatory examination may be continued before different judicial officer
139. Attorney-general may arraign accused for sentence or trial
140. Procedure where accused arraigned for sentence
141. Procedure where accused arraigned for trial
142. Procedure where attorney-general declines to prosecute
143. Accused may inspect preparatory examination record and is entitled to copy thereof
CHAPTER 21. TRIAL BEFORE SUPERIOR COURT
144. Charge in superior court to be laid in an indictment
145. Trial in superior court by judge sitting with or without assessors
146. Reasons for decision by superior court in criminal trial
147. Death or incapacity of assessor
148. ... [... repealed by Act 2000_062_010_2001213 - was entitled "State President may constitute special superior court"]
149. Change of venue in superior court after indictment has been lodged
CHAPTER 22. CONDUCT OF PROCEEDINGS
150. Prosecutor may address court and adduce evidence
151. Accused may address court and adduce evidence
152. Criminal proceedings to be conducted in open court
153. Circumstances in which criminal proceedings shall not take place in open court
154. Prohibition of publication of certain information relating to criminal proceedings
155. Persons implicated in same offence may be tried together
156. Persons committing separate offences at same time and place may be tried together
157. Joinder of accused and separation of trials
158. Criminal proceedings to take place in presence of accused
159. Circumstances in which criminal proceedings may take place in absence of accused
159A.Postponement of certain criminal proceedings through audiovisual link [... inserted by Act 2008_065_001_20090218]
159B.Requirements for audiovisual appearance by accused person [... inserted by Act 2008_065_001_20090218]
159C.Technical requirements for use of audiovisual link [... inserted by Act 2008_065_001_20090218]
159D.Protection of communication between accused person and legal representative [... inserted by Act 2008_065_001_20090218]
160. Procedure at criminal proceedings where accused is absent
161. Witness to testify viva voce
162. Witness to be examined under oath
163. Affirmation in lieu of oath
164. When unsworn or unaffirmed evidence admissible
165. Oath, affirmation or admonition may be administered by or through an interpreter
166. Cross-examination and re-examination of witnesses
167. Court may examine witness or person in attendance
168. Court may adjourn proceedings to any date
169. Court may adjourn proceedings to any place
170. Failure by accused to appear after adjournment or to remain in attendance [... substituted by Act 1984_109_005_19840814 - was entitled "Failure by accused to appear after adjournment"]
170A. Evidence through intermediaries [... inserted by Act 1991_135_003_19910717]
171. Evidence on commission
172. Parties may examine witness
173. Evidence on commission part of court record
174. Accused may be discharged at close of case for prosecution
175. Prosecution and defence may address court at conclusion of evidence
176. Judgment may be corrected
177. Court may defer final decision
178. Arrest of person committing offence in court and removal from court of person disturbing proceedings
CHAPTER 23. WITNESSES
179. Process for securing attendance of witness
180. Service of subpoena
181. Pre-payment of witness expenses
182. Witness from prison
183. Witness to keep police informed of whereabouts
184. Witness about to abscond and witness evading service of summons
185. Detention of witness
185A. ... [... inserted by Act 1991_135_004_19910717] [... repealed by Act 1998_112_024_19981127 - was entitled "Detention in or placing under protective custody at request of witness or prospective witness"]
186. Court may subpoena witness
187. Witness to attend proceedings and to remain in attendance
188. Failure by witness to attend or to remain in attendance
189. Powers of court with regard to recalcitrant witness
190. Impeachment or support of credibility of witness
191. Payment of expenses of witness
191A.Witness services [...inserted by Act 1998_112_025_19981127]
192. Every witness competent and compellable unless expressly excluded
193. Court to decide upon competency of witness
194. Incompetency due to state of mind
194A.Evaluation of competency of witnesses due to state of mind [... inserted by Act 2017_018_010_20170802]
195. Evidence for prosecution by husband or wife of accused
196. Evidence of accused and husband or wife on behalf of accused
197. Privileges of accused when giving evidence
198. Privilege arising out of marital state
199. No witness compelled to answer question which the witness's husband or wife may decline
200. Witness not excused from answer establishing civil liability on his part
.
SECTIONTITLE
201. Privilege of legal practitioner
202. Privilege from disclosure on ground of public policy or public interest
203. Witness excused from answering incriminating question
204. Incriminating evidence by witness for prosecution
205. Judge, regional court magistrate or magistrate may take evidence as to alleged offence [...substituted by Act 1993_204_011_19940126 - was entitled "Magistrate may take evidence as to alleged offence"]
206. The law in cases not provided for
207. Saving of special provisions in other laws
CHAPTER 24. EVIDENCE
208. Conviction may follow on evidence of single witness
209. Conviction may follow on confession by accused
210. Irrelevant evidence inadmissible
211. Evidence during criminal proceedings of previous convictions
212. Proof of certain facts by affidavit or certificate
212A.Proof of certain facts by affidavit from person in foreign country [...inserted by Act 1993_157_005_19931015]
212B.Proof of undisputed facts [...inserted by Act 1996_086_010_19981120]
213. Proof of written statement by consent
214. Evidence recorded at preparatory examination admissible at trial in certain circumstances
215. Evidence recorded at former trial admissible at later trial in certain circumstances
216. ... [... repealed by Act 1988_045_009_19880422 - was entitled "Hearsay evidence"]
217. Admissibility of confession by accused
218. Admissibility of facts discovered by means of inadmissible confession
219. Confession not admissible against another
219A. Admissibility of admission by accused  [... inserted by Act 1979_056_014_19790601]
220. Admissions
221. Admissibility of certain trade or business records
222. Application to criminal proceedings of certain provisions of Civil Proceedings Evidence Act, 1965, relating to documentary evidence
223. ... [... repealed by Act 1988_045_009_19880422 - was entitled "Admissibility of dying declaration"]
224. Judicial notice of laws and other published matter
225. Evidence  of prints, bodily samples r bodily appearance of accused [...Title amended by Act 2013_037_000_20140127 - was entitled "Evidence of prints or bodily appearance of accused"] 
226. Evidence of no sexual intercourse between spouses admissible
227. Evidence of character and previous sexual experience [... substituted by Act 2007_032_068_20071214 Sch - was entitled "Evidence of character"]
228. Evidence of disputed writing
229. Evidence of times of sunrise and sunset
230. Evidence and sufficiency of evidence of appointment to public office
231. Evidence of signature of public office
232. Article may be proved in evidence by means of photograph thereof
233. Proof of public Documents
234. Proof of official documents
235. Proof of judicial proceedings
236. Proof of entries to accounting records and documentation of banks [... substituted by Act 1993_129_045_19930723 - was entitled "Proof of entries in bankers' books"]
237. Evidence on charge of bigamy
238. Evidence of relationship on charge of incest
238A.Proof of entries in accounting records and documentation of banks in countries outside Republic [...inserted by Act 1993_157_006_19931015]
239. Evidence on charge of infanticide or concealment of birth
240. Evidence on charge of receiving stolen property
241. Evidence of previous conviction on charge of receiving stolen property
242. Evidence on charge of defamation
243. Evidence of receipt of money or property and general deficiency on charge of theft
244. Evidence on charge relating to seals and stamps
245. Evidence on charge of which false representation is element
246. Presumptions relating to certain documents
247. Presumptions relating to absence from Republic of certain persons
248. Presumption that accused possessed particular qualification or acted in particular capacity
249. Presumption of failure to pay tax or to furnish information relating to tax
250. Presumption of lack of authority
251. Unstamped instrument admissible in criminal proceedings
252. The law in cases not provided for
252A. Authority to make use of traps and undercover operations and admissibility of evidence so obtained [...inserted by Act 1996_085_001_19961129]
253. Saving of special provisions in other laws
CHAPTER 25. CONVERSION OF TRIAL INTO ENQUIRY
254. ... [... repealed by Act 2008_075_099(1)_20090511 Sch4 Para(k) - was entitled "Court may refer juvenile accused to children's court"]
255. Court may order enquiry under Prevention and Treatment of Drug Dependency Act, 1992 [...substituted by Act 1991_020_050_19920313 - was entitled "Court may order enquiry under Abuse of Dependence-producing Substances and Rehabilitation Centres Act, 1971 (Act 41 of 1971)"]
CHAPTER 26. COMPETENT VERDICTS
256. Attempt
257. Accessory after the fact
258. Murder and attempted murder
259. Culpable homicide
260. Robbery
261. Rape, compelled rape, sexual assault, compelled sexual assault and compelled self-sexual assault [... substituted by Act 2007_032_068_20071214 Sch - was entitled "Rape and indecent assault"]
261A.Trafficking in persons [... inserted by Act 2013_007_048_20130729 Sch]
262. Housebreaking with intent to commit an offence
263. Statutory offence of breaking and entering or of entering premises
264. Theft
265. Receiving stolen property knowing it to have been stolen
266. Receiving stolen property knowing it to have been stolen
267. Common assault
268. Statutory unlawful carnal intercourse
269. ... [... repealed by Act 2007_032_068_20071214 Sch - was entitled "Sodomy"]
269A.... [sic - no title] [...inserted by Act 2004_012_036_20040428 Sch]
270. Offences not specified in this Chapter
CHAPTER 27. PREVIOUS CONVICTIONS
271. Previous convictions may be proved
271A. Certain convictions fall away as previous convictions after expiration of 10 years [...inserted by Act 1991_005_012_19910326]
271B. Expungement of certain criminal records [... inserted by Act 2008_065_003_20090218]
271C. Expungement of certain criminal records under legislation enacted before the Constitution of the Republic of South Africa, 1993, took effect [... inserted by Act 2008_065_003_20090218]
271D. Expungement of certain criminal records by Criminal Record Centre [... inserted by Act 2008_065_003_20090218]
271DA.Revoking of certificate of expungement erroneously issued [... inserted by Act 2013_042_008_20140122\
271DB.Delegation of powers and assignment of duties of Director-General [... inserted by Act 2013_042_008_20140122] 
271E. Regulations [... inserted by Act 2008_065_003_20090218]
272. Finger-print record prima facie evidence of conviction
273. Evidence of further particulars relating to previous conviction
CHAPTER 28. SENTENCE
274. Evidence on sentence
275. Sentence by judicial officer or judge other than judicial officer or judge who convicted accused [sic - use of word] [...amended by Act 1998_035_007_19980703 - was entitled "Sentence by judicial officer other than judicial officer who convicts"]
276. Nature of punishments
276A. Imposition of correctional supervision, and conversion of imprisonment into correctional supervision and vice versa [... inserted by Act 1991_122_042_19910710]
276B. Fixing of non-parole-period [... inserted by Act 1997_087_022_19971212]
277. ... [...substituted by Act 1990_107_004_19900727 - was entitled "When sentence of death is a competent sentence"] [... repealed by Act 1997_105_034_19971219 - was entitled "Sentence of death"]
278. ... [... repealed by Act1997_105_034_19971219 - was entitled "Sentence of death upon pregnant woman"]
279. ... [... repealed by Act1997_105_034_19971219 - was entitled "Manner of carrying out death sentence"]
280. Cumulative or concurrent sentences
281. Interpretation of certain provisions in laws relating to imprisonment and fines
282. Antedating sentence of imprisonment
283. Discretion of court as to punishment
284. Minimum period of imprisonment four days
285. Periodical imprisonment
286. Declaration of certain persons as habitual criminals
286A. Declaration of certain persons as dangerous criminals [...inserted by Act 1993_116_021_19930720]
286B.Imprisonment for indefinite period [...inserted by Act 1993_116_021_19930720]
287.  Imprisonment in default of payment of fine
288. Recovery of fine
289. Court may enforce payment of fine
290. ...  [... repealed by Act 2008_075_099(1)_20090511 Sch4 Para(m) - was entitled "Manner of dealing with convicted juvenile"]
291. ... [...Title substituted by Act 1987_026_010_19870624 - was entitled "Period of supervision, custody or retention of juveniles"] [... repealed by Act 2008_075_099(1)_20090511 Sch4 Para(n) - was entitled "Duration of orders under section 290"]
292. ... [... repealed by Act 1997_033_002_19970905 Sch - was entitled "Discretion of court with regard to whipping and place where whipping is to be inflicted"]
293.  [... repealed by Act 1997_033_002_19970905 Sch - was entitled "Offences for which whipping may be imposed"]
294. ... [... repealed by Act 1997_033_002_19970905 Sch - was entitled "Whipping of juvenile males"]
295. ... [... repealed by Act 1997_033_002_19970905 Sch - was entitled "Limitations with regard to whipping"]
296. Committal to treatment centre [...substituted by Act 1991_020_051_19920313 - was entitled "Committal to rehabilitation center"]
297. Conditional or unconditional postponement or suspension of sentence, and caution or reprimand
297A. [1st occurring]Liability for patrimonial loss arising from performance of community service [... inserted by Act 1986_033_021_19860401]
297A. [2nd occurring]Agreement on operation of suspended sentences [... inserted by Act 1989_008_001_19890315]
298. Sentence may be corrected
299. Warrant for the execution of sentence
299A.Right of complainant to make representations in certain matters with regard to placement on parole, on day parole, or under correctional supervision [... inserted by Act 2003_055_006_20040331]
CHAPTER 29. COMPENSATION AND RESTITUTION
300. Court may award compensation where offence causes damage to or loss of property
.
SECTION TITLE
301. Compensation to innocent purchaser of property unlawfully obtained
CHAPTER 30. REVIEWS AND APPEALS IN CASES OF CRIMINAL PROCEEDINGS IN LOWER COURTS
302. Sentences subject to review in the ordinary course
303. Transmission of record
304. Procedure on review
304A. Review of proceedings before sentence [... inserted by Act 1986_033_022_19860404]
305. ... [... repealed by Act 1997_076_001_19971205 - was entitled "Right of appearance on review in certain cases subject to certificate of a judge"
306. Accused may set down case for argument
307. Execution of sentence not suspended unless bail granted
308. ... [... repealed by Act 1997_033_002_19970905 Sch - was entitled "Whipping suspended pending review"]
308A. Correctional supervision not suspended unless bail granted [...inserted by Act 1993_129_050_19930723] 
309. Appeal from lower court by person convicted
309A.Appeal against conviction and sentence of chiefs, headmen and chiefs' deputies [... inserted by Act 1986_034_000_19860423] 
309B.Application for leave to appeal [...inserted by Act 1997_076_003_19971205]
309C.Petition procedure [...inserted by Act 1997_076_003_19971205]
309D.Explanation of certain rights to unrepresented and certain other accused [...inserted by Act 1997_076_003_19971205] [... substituted by Act 2003_042_0003_20031222 - was entitled "Explanation of certain rights to unrepresented accused"
310. Appeal from lower court by prosecutor
310A.Appeal by attorney-general against sentence of lower court [... inserted by Act 1990_107_009_19900727]
311. Appeal to Appellate Division
312. Review or appeal and failure to comply with subsection (1)(b) or (2) of section 112
313. Institution of proceedings de novo when conviction set aside on appeal or review
314. Obtaining presence of convicted person in lower court after setting aside of sentence or order
CHAPTER 31. APPEALS IN CASES OF CRIMINAL PROCEEDINGS IN SUPERIOR COURTS
315. Court of appeal in respect of superior court judgments [... Title amended by Act  1982_105_020_19820707 - was entitled "Court of appeal from superior court judgments"]
316. Applications for condonation, leave to appeal and further evidence [... Title amended by Act 2003_042_005_20031222 - was entitled "Applications for condonation, for leave to appeal and for leave to lead further evidence"] ]
316A.... [... inserted by Act 1990_107_011_19900727]  [... repealed by Act 1997_105_040_19971219 - was entitled "Appeal against sentence of death"]
316B.Appeal by National Director against sentence of superior court [... inserted by Act 1990_107_011_19900727] [... Title amended by Act 2021_012_010_20220128 - was entitled "Appeal by attorney-general against sentence of superior court"]
317. Special entry of irregularity or illegality
318. Appeal on special entry under section 317
319. Reservation of question of law
320. Report of trial judge to be furnished on appeal
321. When execution of sentence may be suspended
322. Powers of court of appeal
323. ... [... substituted by Act 1990_107_014_19900727 - was entitled "Appeal by Minister on behalf of person sentenced to death"] [... repealed by Act 1997_105_043_19971219 - was entitled "Submission by Minister to Appellate Division on behalf of person sentenced to death"]
324. Institution of proceedings de novo when conviction set aside on appeal
CHAPTER 32. MERCY AND FREE PARDON
325. Saving of power of State President to extend mercy
325A.... [... inserted by Act 1990_107_015_19900727] [... repealed by Act 1997_105_044_19971219 - was entitled "Petition to State President to extend mercy to person under sentence of death"]
326. ... [... repealed by Act 1997_105_044_19971219 - was entitled "State President may commute sentence of death"]
327. Further evidence and free pardon or substitution of verdict by State President
CHAPTER 33. GENERAL PROVISIONS
328. Force of process
329. Court process may be served or executed by police official
330. Transmission of court process by telegraph or similar communication
331. Irregular warrant or process
332. Prosecution of corporations and members of associations
333. Minister may invoke decision of Appellate Division on question of law
334. Minister may declare certain persons peace officers for specific purposes and liability for damages
335. Person who makes statement entitled to copy thereof
335A.Prohibition of publication of identity of persons towards or in connection with whom certain offences have been committed [...inserted by Act 1987_103_004_19871023]
335B.Medical examination of minors towards or in connection with whom certain offences have been committed [...inserted by Act1992_004_007_19920311] 
336. Act or omission constituting offence under two or more laws
337. Estimating age of person
338. Production of document by accused at criminal proceedings
339. Removal of accused from one prison to another for purpose of attending at criminal proceedings
340. Prison list of unsentenced prisoners and witnesses detained
341. Compounding of certain minor offences
342. Conviction or acquittal no bar to civil action for damages
342A.Unreasonable delays in trials [...inserted by Act 1996_086_013_19961120]
343. Application of this Act in the territory
344. Repeal of laws
345. Short title and date of commencement
Sch. 1. SCHEDULE 1. (SECTIONS 40 [ , ] and 42) [s40, s42, s49] [...Title amended by Act 1998_122_008_19981211 - referents list was "(SECTIONS 40, 42 AND 49)"]
Sch. 2. SCHEDULE 2. [s35, s59, s61, s72, s184, s185, s189, s72]
PART I. (SECTION 35)
PART II. (SECTIONS 59, 72)
PART Ill. (SECTIONS 59, 72, 185, 189) [... Title amended - 1was entitled "PART III. (SECTIONS 59, 61, 72, 184, 185, 189)]
Sch. 3. SCHEDULE 3. (SECTION 341) [s341]
Sch. 4. SCHEDULE 4. LAWS REPEALED [s344]
Sch. 5.SCHEDULE 5. ... (SECTIONS 58 AND 60(11) AND (11A) AND SCHEDULE (6) [sic] [s50(11)] [... inserted by Act 1995_075_014_19950921]
Sch. 6.SCHEDULE 6. ... (SECTIONS 50(6) AND 60(11) AND (11A) [ ) ] [s) [...inserted by Act 1997_085_010_19971210] 
Sch. 7.SCHEDULE 7. ... (SECTIONS 59A) [s) [...inserted by Act 1997_085_010_19971210] [...referents amended by Act 1998_034_010_19980703]
Sch. 8.SCHEDULE 8. ... (SECTIONS 536D and 36E) [s) [...inserted by Act 2013_037_005_20140127]
.
Legislation Text Access Point

Date amendment instructions were  publishedVersions
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1977/05/06As unamended Act 1977_051_000_19770506 EXT.LINK REQ.INFO LINK
1978/06/02As amended by Act 1978_079_000_19780602 .  N/A REQ.INFO LINK
1979/06/01 As amended by Act 1979_056_000_19790601 .  N/A REQ.INFO LINK
1982/04/21As amended by Act 1982_064_000_19820421 .  N/A REQ.INFO LINK
1982/07/07As amended by Act 1982_105_000_19820707 .  N/A REQ.INFO LINK
1983/05/11As amended by Act 1983_059_000_19830511 .  N/A REQ.INFO LINK
1984/08/15As amended by Act 1984_109_000_19840815 .  N/A REQ.INFO LINK
1985/06/19As amended by Act 1985_072_000_19850619 .  N/A REQ.INFO LINK
1986/04/04As amended by Act 1986_033_000_19860404 .  N/A REQ.INFO LINK
1986/04/23As amended by Act 1986_034_000_19860423 .  N/A REQ.INFO LINK
1986/10/03As amended by Act 1986_097_000_19861003 .  N/A REQ.INFO LINK
1987/06/24As amended by Act 1987_026_000_19870624 .  N/A REQ.INFO LINK
1987/10/23As amended by Act 1987_103_000_19871023 .  N/A REQ.INFO LINK
1988/04/22As amended by Act 1988_045_000_19880422 .  N/A REQ.INFO LINK
1989/03/15As amended by Act 1989_008_000_19890315 .  N/A REQ.INFO LINK
1989/04/12As amended by Act 1989_039_000_19890412 .  N/A REQ.INFO LINK
1989/06/09As amended by Act 1989_077_000_19890609 .  N/A REQ.INFO LINK
1990/07/27As amended by Act 1990_107_000_19900727 .  N/A REQ.INFO LINK
1991/03/28As amended by Act 1991_005_000_19910328 .  N/A REQ.INFO LINK
1991/04/29As amended by Act 1991_051_000_19910429** .  N/A REQ.INFO LINK
1991/07/10As amended by Act 1991_122_000_19910710 .  N/A REQ.INFO LINK
1991/07/17As amended by Act 1991_135_000_19910717 .  N/A REQ.INFO LINK
1992/03/11As amended by Act 1992_004_000_19920311 . N/A REQ.INFO LINK
1992/03/13As amended by Act 1992_020_000_19920313** .  N/A REQ.INFO LINK
1992/07/01As amended by Act 1992_092_000_19920701** .  N/A REQ.INFO LINK
1992/07/10As amended by Act 1992_126_000_19920710 .  N/A REQ.INFO LINK
1992/07/15As amended by Act 1992_139_000_19920715 .  N/A REQ.INFO LINK
1993/07/20As amended by Act 1993_116_000_19930720 .  N/A REQ.INFO LINK
1993/07/23As amended by Act 1993_129_000_19930723 .  N/A REQ.INFO LINK
1993/10/15As amended by Act 1993_157_000_19931015 .  N/A REQ.INFO LINK
1994/01/26As amended by Act 1993_204_000_19940126 .   N/A REQ.INFO LINK
1995/09/21As amended by Act 1995_075_000_19950921 .  N/A REQ.INFO LINK
1996/04/19As amended by Act 1996_018_000_19960419 .  N/A REQ.INFO LINK
1996/10/04As amended by Act 1996_049_000_19961004 .  N/A REQ.INFO LINK
1996/11/20As amended by Act 1996_075_000_19961120 .  N/A REQ.INFO LINK
1996/11/20As amended by Act 1996_086_000_19961120 . N/AREQ.INFOLINK
1996/11/22As amended by Act 1996_088_000_19961122 . N/AREQ.INFOLINK
1996/11/29As amended by Act 1996_085_000_19961129 .  N/A REQ.INFO LINK
1997/09/05As amended by Act 1997_033_000_19970905 .  N/A REQ.INFO LINK
1997/12/05As amended by Act 1997_076_000_19971205 .  N/A REQ.INFO LINK
1997/12/10As amended by Act 1997_085_000_19971210 .  N/A REQ.INFO LINK
1997/12/12As amended by Act 1997_087_000_19971212 .  N/A REQ.INFO LINK
1997/12/19As amended by Act 1997_105_000_19971219 .  N/A REQ.INFO LINK
1998/07/03As amended by Act 1998_032_000_19980703 .  N/A REQ.INFO LINK
1998/07/03As amended by Act 1998_034_000_19980703 .  N/A REQ.INFO LINK
1998/10/07As amended by Act 1998_068_000_19981007 .  N/A REQ.INFO LINK
1998/11/27As amended by Act 1998_099_000_19981127 .  N/A REQ.INFO LINK
1998/11/27As amended by Act 1998_111_000_19981127 .  N/A REQ.INFO LINK
1998/11/27As amended by Act 1998_112_000_19981127 .  N/A REQ.INFO LINK
1998/12/02As amended by Act 1998_116_000_19981202 .  N/A REQ.INFO LINK
1998/12/11As amended by Act 1998_122_000_19981211 .  N/A REQ.INFO LINK
2000/12/13As amended by Act 2000_062_000_20001213 .  N/A REQ.INFO LINK
2001/07/20As amended by Act 2001_017_000_20010720 .  N/A REQ.INFO LINK
2001/12/07As amended by Act 2001_042_000_20011207 .  N/A REQ.INFO LINK
2001/12/14As amended by Act 2001_062_000_20011214 .  N/A REQ.INFO LINK
2002/07/18As amended by Act 2002_027_000_20020718 .  N/A REQ.INFO LINK
2003/01/17As amended by Act 2002_055_000_20030117 .  N/A REQ.INFO LINK
2003/01/22As amended by Act 2002_070_000_20030122 .  N/A REQ.INFO LINK
2003/12/22As amended by Act 2003_042_000_20031222 .  N/A REQ.INFO LINK
2004/03/31As amended by Act 2003_055_000_20040331 .  N/A REQ.INFO LINK
2004/04/28As amended by Act 2004_012_000_20040428 . N/AREQ.INFOLINK
2005/02/11As amended by Act 2004_033_000_20050211 .  N/A REQ.INFO LINK
2006/01/11As amended by Act 2005_022_000_20060111 .  N/A REQ.INFO LINK
2007/12/14As amended by Act 2007_032_000_20071214 .  N/A REQ.INFO LINK
2007/12/31As amended by Act 2007_038_000_20071231 .  N/A REQ.INFO LINK
2008/11/11As amended by Act 1998_111_000_20081111 . (ie as amended by Act 2008_025_086(b)_20081111) . N/AREQ.INFOLINK
2009/02/17As amended by Act 2008_066_000_20090217 .  N/A REQ.INFO LINK
2009/02/18As amended by Act 2008_065_000_20090218 .  N/A REQ.INFO LINK
2009/05/11As amended by Act 2008_075_000_20090511 .  N/A REQ.INFO LINK
2010/10/05As amended by Act 2010_006_000_20101005 .  N/A REQ.INFO LINK
2012/09/25As amended by Act 2012_009_000_20120925 .  N/A REQ.INFO LINK
2013/07/22As amended by Act 2013_008_000_20130722 .  N/A REQ.INFO LINK
2013/07/29As amended by Act 2013_007_000_20130729 .  N/A REQ.INFO LINK
2013/07/29As amended by Act 2013_013_000_20130729 .  N/A REQ.INFO LINK
2014/01/22As amended by Act 2013_042_000_20140122 .  N/A REQ.INFO LINK
2014/01/27As amended by Act 2013_037_000_20140127 .  N/A REQ.INFO LINK
2014/12/09As amended by Act 2014_039_000_20141209 .  N/A REQ.INFO LINK
2015/12/15As amended by Act 2015_018_002_20151215 .  N/A REQ.INFO LINK
201706/29As amended by Act 2017_004_000_20170629 .  N/A REQ.INFO LINK
2017/08/02As amended by Act 2017_008_000_20170802 .  N/A REQ.INFO LINK
2020/06/04As amended by Act 2019_028_000_20200604** .  N/A REQ.INFO LINK
2020/06/04As amended by Act 2008_075_000_20200604  (amended by Act 2019_028_025_20200604 . )** N/A REQ.INFO LINK
2020/12/23As amended by Act 2020_015_000_20201223 .  N/AREQ.INFOLINK
2021/06/01As amended by Act 2020_019_000_20210601 . N/AREQ.INFOLINK
2022/01/28As amended by Act 2021_012_000_20220128 . N/AREQ.INFOLINK
2022/01/28As amended by Act 1998_116_000_20220128 (asamby Act 2021_014_000_20220128 . ) ** [NOTE Not processed - see Commentary on Act 2021_014_000_20220128 Sch]N/AREQ.INFOLINK
2022/02/09As amended by Act 2021_016_000_20220209** .  N/AREQ.INFOLINK
...As amended by ... N/A REQ.INFO LINK

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