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NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Criminal Law (Sentencing)
Amendment Act, No. 38 of 2007
NOTE: Assented to and published in English, with alternative copy in _, except iro notice of assent date in _, and except iro title/text/engrossments in the following sections: s_ (_/_/_)
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
Legislation Text Access Point
NOTE: Assented to and published in English, with alternative copy in _, except iro notice of assent date in _, and except iro title/text/engrossments in the following sections: s_ (_/_/_)
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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