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| a85-97.pdf | 147.16 KB |
85 of 1997
The Criminal Procedure Second Amendment Act 85 of 1997 intends:
- to amend the Criminal Procedure Act, 1977, so as
- to further regulate the detention of arrested persons;
- to further regulate the hearing of bail proceedings;
- to empower an attorney-general or a prosecutor authorised thereto by the attorney-general concerned to grant bail outside ordinary court hours in respect of certain specified offences;
- to further regulate the release of an accused on bail who has been convicted of certain serious offences;
- to further regulate the factors which should be taken into account by a court in considering bail;
- to empower a court, in respect of certain serious offences, to detain an accused in custody unless the accused satisfies the court that exceptional circumstances exist why he or she should be released;
- to further define the said serious offences;
- to empower the attorney-general to issue a written confirmation to the effect that the offence with which the accused is charged is such a serious offence;
- to place a duty on an accused, or his or her legal adviser, at bail proceedings, to inform the court whether he or she has previous convictions or whether there are other charges pending against him or her;
- to further regulate the cancellation of bail and the release of an accused on warning; and
- to regulate the right of access to any information, record or document during bail proceedings; and
- to provide for matters connected therewith.
Commencement
1 August 1998 (Gazette 19101 of 29 July 1998)
