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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