Criminal Law Amendment Act 107 of 1990

Files
Attachment Size
act-107-1990.pdf 761.27 KB
107 of 1990

The Criminal Law Amendment Act 107 of 1990 intends:

  • to amend the Criminal Procedure Act, 1977, so as
    • to abolish the compulsory imposition of the sentence of death;
    • to effect certain changes to the list of offences for which the sentence of death may be imposed;
    • to make further provision in relation to the imposition of the sentence of death where it is a competent sentence;
    • to lay down that a juvenile under a certain age may not be sentenced to death;
    • to make provision for the attorney-general to appeal against the sentence imposed upon an accused in a criminal case;
    • to vest a person sentenced to death with the right of appeal;
    • to prohibit a court of appeal from imposing the sentence of death in lieu of or in addition to a punishment imposed by the trial court;
    • to redefine the powers of the Appellate Division of the Supreme Court in considering an appeal against the sentence of death;
    • to grant a different power to the Minister of Justice where he doubts the correctness of the conviction of a person sentenced to death;
    • to make provision that a petition for mercy be submitted to the State President by or on behalf of a person under sentence of death; and
    • to transfer to the said Minister a power of the State President in relation to the consideration of certain petitions;
  • to amend the Magistrates' Courts Act, 1944, so as to confer jurisdiction in respect of murder upon a court of a regional division; 
  • to amend the Prisons Act, 1959, so as to make different provision in relation to the release of a prisoner serving a life sentence; and
  • to provide for matters connected therewith.

Commencement

 

Amendments

Amended by Criminal Law Amendment Act 107 of 1990

Share this page