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South Africa
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Criminal Law (Sentencing) Amendment Act, No. 38 of 2007

Long title

To amend the Criminal Law Amendment Act, 1997, so as to further regulate the imposition of discretionary minimum sentences for certain serious offences; to give a regional court jurisdiction to convict and sentence a person found guilty of an offence referred to in Part I of Schedule 2 to imprisonment for life; to provide that certain circumstances shall not constitute substantial and compelling circumstances justifying the imposition of a lesser sentence when a sentence must be imposed in respect of the offence of rape; to repeal all sections dealing with the committal of an accused for the purposes of sentencing by a High Court after conviction in a regional court of an offence referred to in Schedule 2; to amend Schedule 2 in order to further regulate the offences in respect of which discretionary minimum sentences are prescribed; to amend the Criminal Procedure Act, 1977, so as to provide for an automatic right of appeal if a person is sentenced to life imprisonment by a regional court; to amend the National Prosecuting Authority Act, 1998, so as to provide for policy directives indicating in which instances prosecutions in respect of offences referred to in Schedule 2 to the Criminal Law Amendment Act, 1997, must be instituted in the High Court as a court of first instance; to amend the Prevention of Organised Crime Act, 1998, so as to effect a consequential amendment; and to provide for matters connected therewith.

Table of contents

SECTION TITLE
1. Substitution of section 51 of Act 105 of 1997...
2. Repeal of sections 52, 52A and 52B of Act 105 of 1997
3. Amendment of section 53 of Act 105 of 1997...
4. Insertion of section 53A in Act 105 of 1997
5. Amendment of Schedule 2 to Act 105 of 1997...
6. Amendment of section 309 of Act 51 of 1977...
7. Amendment of section 21 of Act 32 of 1998
8. Amendment of section 3 of Act 121 of 1998
9. Short title and commencement

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