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

Chapter 30 : Reviews and Appeals in Cases of Criminal Proceedings in Lower Courts

312. Review or appeal and failure to comply with subsection (1) (b) or (2) of section 112


(1) Where a conviction and sentence under section 112 are set aside on review or appeal on the ground that any provision of subsection (1)(b) or subsection (2) of that section was not complied with, or on the ground that the provisions of section 113 should have been applied, the court in question shall remit the case to the court by which the sentence was imposed and direct that court to comply with the provision in question or to act in terms of section 113, as the case may be.

[Section 312(1) substituted by section 23 of Act No. 59 of 1983]


(2) When the provision referred to in subsection (1) is complied with and the judicial officer is after such compliance not satisfied as is required by section 112(1)(b) or 112(2), he shall enter a plea of not guilty whereupon the provisions of section 113 shall apply with reference to the matter.