| (i) |
which, in the case of imprisonment (including detention in a child and youth care centre providing a programme contemplated in section 191(2)(j) of the Children's Act, 2005 (Act No. 38 of 2005)), exceeds a period of three months, if imposed by a judicial officer who has not held the substantive rank of magistrate or higher for a period of seven years, or which exceeds a period of six months, if imposed by a judicial officer who has held the substantive rank of magistrate or higher for a period of seven years or longer; |
[Section 302(1)(a)(i) substituted by section 99(1) of Act No. 75 of 2008]
| (ii) |
which, in the case of a fine, exceeds the amount determined by the Minister from time to time by notice in the Gazette for the respective judicial officers referred to in subparagraph (i), |
[Section 302(1)(a)(ii) substituted by section 15 of Act No. 5 of 1991]
| (iii) |
[Section 302(1)(a)(iii) deleted by section 2 of Act No. 33 of 1997] |
shall be subject in the ordinary course to review by a judge of the provincial or local division having jurisdiction.
| (b) |
The provisions of paragraph (a) shall— |
| (i) |
be suspended in respect of an accused referred to in the first proviso to section 309(1)(a) who has duly noted an appeal in terms of section 309(2) against a conviction or sentence and has not abandoned the appeal; |
| (ii) |
be suspended in respect of an accused who has duly noted an appeal in terms of section 309(2) against a conviction or sentence, after being granted leave to appeal in terms of section 309B or 309C, and has not abandoned the appeal; and |
| (iii) |
cease to apply in respect of an accused when judgment in the appeal is given. |
[Section 302(1)(b) substituted by section 1 of Act No. 42 of 2003]
[Section 302(1) substituted by section 11 of Act No. 105 of 1982]
| (2) |
For the purposes of subsection (1)— |
| (a) |
each sentence on a separate charge shall be regarded as a separate sentence, and the fact that the aggregate of sentences imposed on an accused in respect of more than one charge in the same proceedings exceeds the periods or amounts referred to in that subsection, shall not render those sentences subject to review in the ordinary course. |
| (b) |
[Section 302(2)(b) deleted by section 22 of Act No. 59 of 1983] |
| (3) |
The provisions of subsection (1) shall only apply— |
| (a) |
with reference to a sentence which is imposed in respect of an accused who was not assisted by a legal adviser. |
| (b) |
[Section 302(3)(b) deleted by section 13(b) of Act No. 26 of 1987] |
Basic Conditions of Employment Act, 1997
