| (1) |
The court which declares a person a dangerous criminal shall— |
| (a) |
sentence such person to undergo imprisonment for an indefinite period; and |
| (b) |
direct that such person be brought before the court on the expiration of a period determined by it, which shall not exceed the jurisdiction of the court. |
| (2) |
A person sentenced under subsection (1) to undergo imprisonment for an indefinite period shall, notwithstanding the provisions of subsection (1)(b) but subject to the provisions of subsection (3), within seven days after the expiration of the period contemplated in subsection (1)(b) be brought before the court which sentenced him in order to enable such court to reconsider the said sentence: Provided that in the absence of the judicial officer who sentenced the person any other judicial officer of that court may, after consideration of the evidence recorded and in the presence of the person, make such order as the judicial officer who is absent could lawfully have made in the proceedings in question if he had not been absent. |
| (a) |
The Commissioner may, if he is of the opinion that owing to practical or other considerations it is desirable that a court other than the court which sentenced the person should reconsider such sentence after the expiration of the period contemplated in subsection (1)(b), with the concurrence of the attorney-general in whose jurisdiction such other court is situated, apply to the registrar or to the clerk of the court, as the case may be, of the other court to have such person appear before the other court for that purpose: Provided that such sentence shall only be reconsidered by a court with jurisdiction equal to that of the court which sentenced the person. |
| (b) |
On receipt of any application referred to in paragraph (a), the registrar or the clerk of the court, as the case may be, shall, after consultation with the prosecutor, set the matter down for a date which shall not be later than seven days after the expiration of the period contemplated in subsection (1)(b). |
| (c) |
The registrar or the clerk of the court, as the case may be, shall for the purpose of the reconsideration of the sentence— |
| (i) |
within a reasonable time before the date contemplated in paragraph (b) submit the case record to the judicial officer who is to reconsider the sentence; and |
| (ii) |
inform the Commissioner in writing of the date for which the matter has been set down. |
| (a) |
Whenever a court reconsiders a sentence in terms of this section, it shall have the same powers as it would have had 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 the court shall make no finding before it has considered a report of a parole board as contemplated in section 5C of the Correctional Services Act, 1959 (Act No. 8 of 1959). |
| (b) |
After a court has considered a sentence in terms of this section, it may— |
| (i) |
confirm the sentence of imprisonment for an indefinite period, in which case the court shall direct that such person be brought before the court on the expiration of a further period determined by it, which shall not exceed the jurisdiction of the court; |
| (iii) |
release the person unconditionally or on such conditions as it deems fit. |
| (5) |
A court which has converted the sentence of a person under subsection (4)(b)(ii) may, whether differently constituted or not— |
| (a) |
at any time, if it is found from a motivated recommendation by the Commissioner that that person is not fit to be subject to correctional supervision; or |
| (b) |
after such person has been brought before the court in terms of section 84B of the Correctional Services Act, 1959 (Act No. 8 of 1959), |
reconsider that sentence and—
| (i) |
confirm the sentence of imprisonment for an indefinite period, in which case the court shall direct that such person be brought before the court on the expiration of a further period determined by it, which shall not exceed the jurisdiction of the court; |
| (ii) |
release the person unconditionally or on such conditions as it deems fit; or |
| (iii) |
where the person is brought before the court in terms of paragraph (b), again place the person under correctional supervision on the conditions it deems fit and for a period which shall not exceed the unexpired portion of the period of correctional supervision as converted in terms of subsection (4)(b)(ii). |
| (6) |
For the purposes of subsection (4)(b)(i) or (5)(i), it shall not be regarded as exceeding the jurisdiction of the regional court if the further period contemplated in those subsections and the period contemplated in subsection (1)(b), together exceed such court’s jurisdiction. |
| (7) |
At the expiration of the further period contemplated in subsection (4)(b)(i) or (5)(i), the provisions of subsections (2) up to and including (6), as well as of this subsection, shall mutatis mutandis apply. |
[Section 286B inserted by section 21 of Act No. 116 of 1993]
Public Service Commission Act, 1997
