Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Correctional Services Act, 1998 (Act No. 111 of 1998)Chapter IV : Sentenced Offenders39. Commencement, computation and termination of sentences |
| 1) | Subject to the provisions of subsection (2) a sentence of incarceration takes effect from the day on which that sentence is passed, unless it is suspended under the provisions of any law or unless the sentenced person is released on bail pending a decision of a higher court, in which case the sentence takes effect from the day on which he or she submits to or is taken into custody. |
| 2) |
| a) | Subject to the provisions of paragraph (b), a person who receives more than one sentence of incarceration or receives additional sentences while serving a term of incarceration, must serve each such sentence, the one after the expiration, setting aside or remission of the other, in such order as the National Commissioner may determine, unless the court specifically directs otherwise, or unless the court directs that such sentences shall run concurrently but- |
| i) | any determinate sentence of incarceration to be served by any person runs concurrently with a life sentence or with a sentence of incarceration to be served by such person in consequence of being declared a dangerous criminal; |
| ii) | one or more life sentences and one or more sentences to be served in consequence of a person being declared a dangerous criminal also run concurrently; |
| iii) | no placement or release of a dangerous criminal may take place other than in terms of section 286B of the Criminal Procedure Act; and |
| iv) | any determinate sentence of incarceration to be served by any person runs concurrently with a sentence of imprisonment to be served by such person in consequence of a person being declared a habitual criminal: Provided that where the determinate sentence is longer than 15 years or where such sentence is imposed after a person is declared a habitual criminal, the balance of such determinate sentence must be served after the term of 15 years has been completed. |
| b) | In the case of the imposition of more than one period of incarceration, the non-parole period or periods, fixed by the court must be served consecutively before a sentenced offender becomes eligible for parole. |
| 3) | The date of expiry of any sentence of incarceration being served by a sentenced offender who escapes from lawful custody or is extradited in terms of the Extradition Act, 1962 (Act No. 67 of 1962), and returns to the Republic or who absconds from the system of community corrections of who is unlawfully discharged is postponed by the period for which such sentence was interrupted. |
| 4) | Any person whose sentence expires on a Sunday or public holiday must be discharged on the day preceding such Sunday or public holiday. |
| 5) |
| a) | If a person receives more than one sentence of correctional supervision referred to in section 276(1)(h) of the Criminal Procedure Act, or receives additional sentences of correctional supervision while serving a sentence of correctional supervision referred to in section 276(1)(h) of the Criminal Procedure Act, each such sentence must be served the one after the expiration, setting aside or remission of the other in such order as the National Commissioner may determine, unless the court specifically directs otherwise, or unless the court directs that such sentences shall run concurrently. |
| b) | If a person sentenced to correctional supervision is sentenced to incarceration for an offence committed before the commencement of the correctional supervision, the correctional supervision must be postponed until placement under correctional supervision has again been approved or until the expiration, setting aside or remission of the sentence of incarceration. |
| c) | If a person sentenced to correctional supervision is placed on parole, the correctional supervision must be served before the parole may commence. |
| d) | If a person sentenced to correctional supervision or a person under community corrections is sentenced to periodical incarceration, the sentence of periodical incarceration and the correctional supervision or parole, as the case may be, must be served simultaneously, unless the court directs otherwise. |
| e) | If a person sentenced to correctional supervision or a person under community corrections is served with a warrant of detention for contempt of court, the correctional supervision or parole, as the case may be, must be postponed for the period specified in the warrant of detention. |
| f) | If a person under community corrections is sentenced to incarceration for an offence committed before the commencement of the parole, the parole must be regarded as cancelled and the matter be referred to the Correctional Supervision and Parole Board concerned for consideration. |
| 6) |
| a) | After the National Commissioner is satisfied that a sentenced offender has been released from a correctional centre erroneously, he or she may issue a warrant for the arrest of such a sentenced offender to be re-admitted to a correctional centre, to serve the rest of his or her sentence. |
| b) | A warrant issued in terms of subsection (6)(a), may be executed by any peace officer as defined in section 1 of the Criminal Procedure Act. |
