Protection of Businesses Act, 1978
R 385
Criminal Procedure Act, 1977 (Act No. 51 of 1977)Chapter 27 : Previous Convictions271A. Certain convictions fall away as previous convictions after expiration of 10 years |
Where a court has convicted a person of—
| (a) | any offence in respect of which a sentence of imprisonment for a period exceeding six months without the option of a fine, may be imposed but— |
| (i) | has postponed the passing of sentence in terms of section 297(1)(a) and has discharged that person in terms of section 297(2) without passing sentence or has not called upon him or her to appear before the court in terms of section 297(3); or |
| (ii) | has discharged that person with a caution or reprimand in terms of section 297(1)(c); or |
| (b) | any offence in respect of which a sentence of imprisonment for a period not exceeding six months without the option of a fine, may be imposed, |
that conviction shall fall away as a previous conviction if a period of 10 years has elapsed after the date of conviction of the said offence, unless during that period such person has been convicted of an offence for which the punishment may be a period of imprisonment exceeding six months without the option of a fine.
[Section 271A substituted by section 2 of Act No. 65 of 2008]
