Housing Development Agency Act, 2008
R 385
Criminal Procedure Act, 1977 (Act No. 51 of 1977)Chapter 30 : Reviews and Appeals in Cases of Criminal Proceedings in Lower Courts309D. Explanation of certain rights to unrepresented and certain other accused |
| (1) |
| (a) | Other than a child contemplated in the Child Justice Act, 2008 (Act No. 75 of 2008), an accused— |
| (i) | referred to in the first proviso to section 309(1)(a); or |
| (ii) | who is unrepresented at the time he or she is convicted and sentenced, |
must be informed by the presiding officer of his or her rights in respect of appeal and legal representation and of the correct procedures to give effect to these rights.
[Section 309D(1)(a) substituted by section 12 of Act No. 42 of 2013]
| (b) | An accused whose sentence is subject to review in the ordinary course in terms of section 302(1)(a), must be informed by the presiding officer that the provisions pertaining to such review— |
| (i) | shall be suspended if he or she appeals against that conviction or sentence; and |
| (ii) | shall cease to apply once judgment in the appeal has been given. |
| (2) | An accused contemplated in subsection (1)(a) in respect of whom an application in terms of the proviso to section 309(2) or 309B is refused, must be informed by the presiding officer of his or her rights in respect of the proceedings contemplated in section 309C and legal representation and of the correct procedures involved to give effect to these rights. |
| (3) | If an unrepresented accused has been convicted and sentenced— |
| (a) | to any form of imprisonment that was not wholly suspended; or |
| (b) | to any form of punishment which in view of the presiding officer may lead to substantial injustice for the accused, |
and he or she indicates to the presiding officer his or her intention to apply for leave to appeal in terms of section 309B(1)(a) or for leave to petition in terms of section 309C(2)(a), the presiding officer must refer the accused to the Legal Aid South Africa referred to in section 2 of the Legal Aid South Africa Act, 2014, for the purpose of allowing him or her an opportunity to request legal representation to assist such accused in his or her application.
[Subsection (3) substituted by section 25(1) of Act No. 39 of 2014]
[Section 309D substituted by section 3 of Act No. 42 of 2003]
