Criminal Procedure Amendment Act 5 of 1991

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5 of 1991

The Criminal Procedure Amendment Act 5 of 1991 intends:

  • to amend the Criminal Procedure Act, 1977, so as
  • to emend certain definitions;
  • to further regulate certain matters regarding the forfeiture of articles;
  • to authorize the Minister of Justice to adjust from time to time by notice in the Gazette the monetary  limit in respect of the maximum admission of guilt fine which may be paid in terms of a written notice or a summons, the maximum fine which may be imposed upon an accused after a conviction pursuant to a plea of guilty only, the compensation which may be awarded by a lower court to any person who has suffered damage as a result of an offence tried by that court, and the fine which may be imposed in a lower court and which is in the ordinary course of events subject to review by a judge having jurisdiction;
  • to provide that a prosecution will in certain circumstances proceed with the charge initially laid against the accused;
  • to provide for the issuing by the court of an order for the further detention of an accused who, on account of any physical indisposition, cannot appear before the court;
  • to provide that a person who is likely to give information as to an alleged offence does not have to appear before a magistrate in certain circumstances for questioning;
  • to further regulate the proof of certain facts with regard to precious metals or precious stones;
  • to provide that certain convictions shall fall away after a lapse of 10 years; and
  • to extend the antedating of sentences of imprisonment to include cases where a sentence of death is set aside and substituted by imprisonment; and
  • to provide for incidental matters.

Commencement

  • 1 May 1992, Sections 5, 6, 7, 14 and 15 (Gazette 13966 of 1 May 1992)
  • 23 December 1991, Sections  1, 2, 3, 4, 8, 9, 11, 12 and 13 (Gazette 13669 of 20 December 1991)

Amendments

Amended by General Law Sixth Amendment Act 204 of 1993

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