Criminal Procedure Amendment Act 33 of 1986

The Criminal Procedure Amendment Act 33 of 1986 intends:

• to amend the Criminal Procedure Act, 1977, so as
  • to provide that the person making an arrest may place in safe custody any dangerous object found on the person arrested;
  • to increase the maximum fines which may be imposed for certain offences;
  • to provide for the acceptance of admission of guilt where the summons or written notice is lost or where the accused is in custody;
  • to further regulate the release of an accused on warning;
  • to provide that a person authorized thereto by the attorney-general may also designate the court for a summary trial;
  • to provide for the setting aside of the conviction by a court that finds that the accused is not capable of making a proper defence, or was by reason of mental illness or mental defect not crimimilly responsible;
  • to make further provision for the service of a written notice on a person on whom periodical imprisonment was imposed;
  • to further regulate the imposition of a whipping and a moderate correction of a whipping;
  • to make further provision in connection with the performance of community service as a condition of the postponement of sentence or the suspension of sentence;
  • to provide for the liability of the State for patrimonial loss arising from the performance of community service; 
  • to provide for the. review of proceedings before sentence;
  • to provide that any person who has been sentenced to a whipping may be released on warning pending the review of the proceedings; and
  • to extend the definition of "local authority" for certain purposes so as to include a divisional council and a regional services council; and
• to provide for matters connected therewith.

Commencement

• 1 February 1989, Sections 20 and 21 (Gazette 11684 of 27 January 1989)
• 1 September 1987, Section 6 (Gazette 10898 of 1 September 1987)