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

Chapter 28 : Sentence

286. Declaration of certain persons as habitual criminals


(1) Subject to the provisions of subsection (2), a superior court or a regional court which convicts a person of one or more offences, may, if it is satisfied that the said person habitually commits offences and that the community should be protected against him, declare him an habitual criminal, in lieu of the imposition of any other punishment for the offence or offences of which he is convicted.


(2) No person shall be declared an habitual criminal—
(a) if he is under the age of eighteen years; or
(b) [Section 286(2)(b) deleted by section 6 of Act No. 107 of 1990];
(c) if in the opinion of the court the offence warrants the imposition of punishment which by itself or together with any punishment warranted or required in respect of any other offence of which the accused is simultaneously convicted, would entail imprisonment for a period exceeding 15 years.

[Section 286(2)(c) substituted by section 37 of Act No. 105 of 1997]


(3) A person declared an habitual criminal shall be dealt with in accordance with the laws relating to prisons.