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

Chapter 22 : Conduct of Proceedings

159B. Requirements for audiovisual appearance by accused person


(1) An accused person appearing before a court by audiovisual link must do so from a place at which the requirements referred to in subsections (2) and (3) and section 159C are complied with.


(2) The Minister may, subject to the provisions of this section, designate any correctional facility which has been suitably equipped as a place where proceedings in terms of section 159A can be held.


(3) Both the court point and the remote point in the correctional facility designated in terms of subsection (2) must be equipped with facilities that, in accordance with any requirements prescribed by regulations and any directions of the court referred to in section 159C, allow—
(a) private communication to take place between the accused person and any legal practitioner representing that person in the proceedings at the court point; and
(b) documents to be transmitted between both points by the persons referred to in paragraph (a)—
(i) at any time during the proceedings;
(ii) during any adjournment of the hearing in the proceedings referred to in paragraph (a); or
(iii) at any time on the day of a hearing, shortly before or after the hearing.


(4) The court must, at every appearance of an accused person in terms of section 159A, inquire into the physical and mental well-being of the accused person and for that purpose may, where necessary, direct that the facilities referred to in section 159C be used in such a manner which will enable the presiding officer to satisfy himself or herself as to the accused person’s well-being as that presiding officer would be able to do if the accused person were physically before the court.


[Section 159B inserted by section 1 of Act No. 65 of 2008 in respect of certain magisterial districts]