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Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 18 : Plea of Not Guilty at Summary Trial

116. Committal of accused for sentence by regional court after trial in magistrate's court

 

(1) If a magistrate's court, after conviction following on a plea of not guilty but before sentence, is of the opinion—
(a) that the offence in respect of which the accused has been convicted is of such a nature or magnitude that it merits punishment in excess of the jurisdiction of a magistrate’s court;

[Section 111(1)(a) substituted by section 19(a) of Act No. 116 of 1993]

(b) that the previous convictions of the accused are such that the offence in respect of which the accused has been convicted merits punishment in excess of the jurisdiction of a magistrate’s court; or

[Section 111(1)(b) substituted by section 19(b) of Act No. 116 of 1993]

(c) that the accused is a person referred to in section 286A(1),

[Section 111(1)(c) inserted by section 19(b) of Act No. 116 of 1993]

the court shall stop the proceedings and commit the accused for sentence by a regional court having jurisdiction.

 

(2) The record of the proceedings in the magistrate’s court shall upon proof thereof in the regional court be received by the regional court and form part of the record of that court.

 

(3)
(a) The regional court shall, after considering the record of the proceedings in the magistrate’s court, sentence the accused, and the judgment of the magistrate’s court shall stand for this purpose and be sufficient for the regional court to pass any competent sentence: Provided that if the regional magistrate is of the opinion that the proceedings are not in accordance with justice or that doubt exists whether the proceedings are in accordance with justice he or she may request the presiding officer in the magistrate’s court to provide him or her with the reasons for the conviction and if, after considering such reasons, the regional magistrate is satisfied that the proceedings are in accordance with justice he or she may sentence the accused, but if he or she remains of the opinion that the proceedings are not in accordance with justice or that doubt exists whether the proceedings are in accordance with justice he or she shall, without sentencing the accused, record the reasons for his or her opinion and transmit such reasons and the reasons of the presiding officer of the magistrate’s court, together with the record of the proceedings in the magistrate’s court, to the registrar of the provincial division having jurisdiction, and such registrar shall, as soon as possible, lay the same in chambers before a judge who shall have the same powers in respect of such proceedings as if the record thereof had been laid before him or her under section 303.

[Section 111(3)(a) substituted by section 6 of Act No. 86 of 1996]

(b) If a regional magistrate acts under the proviso to paragraph (a), he shall inform the accused accordingly and postpone the case to some future date pending the outcome of the review proceedings, and, if the accused is in custody, the regional magistrate may make such order with regard to the detention or release of the accused as he may deem fit.