Basic Conditions of Employment Act, 1997
R 385
Criminal Procedure Act, 1977 (Act No. 51 of 1977)Chapter 28 : Sentence276A. Imposition of correctional supervision, and conversion of imprisonment into correctional supervision and vice versa |
| (1) | Punishment shall, subject to the provisions of section 75 of the Child Justice Act, 2008, only be imposed under section 276(1)(h)— |
| (a) | after a report of a probation officer or a correctional official has been placed before the court; and |
| (b) | for a fixed period not exceeding three years, or in the case of a conviction for any offence referred to in the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007), for a fixed period not exceeding five years. |
[Section 276A(1)(b) substituted by section 9(a) of Act No. 42 of 2013]
[Section 276A(1) substituted by section 99(1) of Act No. 75 of 2008]
| (2) | Punishment shall, subject to the provisions of section 77 of the Child Justice Act, 2008, only be imposed under section 276(1)(i)— |
[Words preceding Section 276A(2)(a) substituted by section 9(b) of Act No. 42 of 2013]
| (a) | if the court is of the opinion that the offence justifies the imposing of imprisonment, with or without the option of a fine, for a period not exceeding five years; and |
| (b) | for a fixed period not exceeding five years. |
[Section 276A(2) substituted by section 99(1) of Act No. 75 of 2008]
| (2A) | Punishment imposed under paragraph (h) or (i) of section 276(1) on a person convicted of any sexual offence shall, if practicable and if the convicted person demonstrates the potential to benefit from treatment, include the attendance of and participation in a sex offence specific treatment programme as prescribed in terms of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, the cost of which shall be borne by the convicted person himself or herself. |
[Section 276A(2A) inserted by section 68 of Act No. 32 of 2007]
(3)
| (a) | Where a person has been sentenced by a court to imprisonment for a period— |
| (i) | not exceeding five years; or |
| (ii) | exceeding five years, but his date of release in terms of the provisions of the Correctional Services Act, 1959 (Act No. 8 of 1959), and the regulations made thereunder is not more than five years in the future, |
and such a person has already been admitted to a prison, the Commissioner or a parole board may, if he is of the opinion that such a person is fit to be subjected to correctional supervision, apply to the clerk or registrar of the court, as the case may be, to have that person appear before the court a quo in order to reconsider the said sentence.
[Section 276A(3)(a) substituted by section 21(a) of Act No. 87 of 1997]
| (b) | On receipt of any application referred to in paragraph (a) the clerk or registrar of the court, as the case may be, shall, after consultation with the prosecutor, set the matter down for a specific date on the roll of the court concerned. |
[Section 276A(3)(b) substituted by section 46(b) of Act No. 129 of 1993]
| (c) | The clerk or registrar of the court, as the case may be, shall for purposes of the reconsideration of the sentence in accordance with this subsection— |
| (i) | within a reasonable time before the date referred to in paragraph (b) submit the case record to the judicial officer who imposed the sentence or, if he is not available, another judicial officer of the same court: Provided that if the evidence in the case has been recorded by mechanical means, only such parts of the record as may be indicated as necessary by such a judicial officer, shall be transcribed for the purposes of this subsection; |
| (ii) | inform the Commissioner or the parole board in writing of the date for which the matter has been set down on the roll and request him to furnish him with a written motivated recommendation before that date for submission to the judicial officer; and |
[Section 276A(3)(c)(ii) substituted by section 21(b) of Act No. 87 of 1997]
| (iii) | submit any recommendation referred to in subparagraph (ii) to that judicial officer. |
[Section 276A(3)(c) substituted by section 46(c) of Act No. 129 of 1993]
| (d) | Whenever a court reconsiders a sentence in terms of this subsection, it shall have the same powers as if it were considering sentence after conviction of a person and the procedure adopted at such proceedings shall apply mutatis mutandis during such reconsideration: Provided that if the person concerned concurs thereto in writing, the proceedings contemplated in this subsection may be concluded in his absence: Provided further that he may nevertheless be represented at such proceedings or cause to submit written representations to the court. |
| (e) | After a court has reconsidered a sentence in terms of this subsection, it may— |
| (i) | confirm the sentence or order of the court a quo; |
| (ii) | convert the sentence into correctional supervision on the conditions it may deem fit; or |
| (iii) | impose any other proper sentence: |
Provided that the last-mentioned sentence, if imprisonment, shall not exceed the period of the unexpired portion of imprisonment still to be served at that point.
(4)
| (a) | A court, whether constituted differently or not, which has imposed a punishment referred to in subsection (1) or (2) on a person or has converted his sentence under subsection (3)(e)(ii), may at any time, if it is found from a motivated recommendation by a probation officer or the Commissioner or the parole board that person is not fit to be subject to correctional supervision or to serve the imposed punishment, reconsider that punishment and impose any other proper punishment. |
[Section 276A(4)(a) substituted by section 21(c) of Act No. 87 of 1997]
| (b) | The procedure referred to in subsection (3) shall apply mutatis mutandis to the reconsideration of any punishment under this subsection. |
[Section 276A inserted by section 42 of Act No. 122 of 1991]
