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

Chapter 31 : Appeals in cases of Criminal Proceedings in Superior Courts

316B. Appeal by attorney-general against sentence of superior court


(1) Subject to subsection (2), the attorney-general may appeal to the Appellate Division against a sentence imposed upon an accused in a criminal case in a superior court.


(2) The provisions of section 316 in respect of an application or appeal referred to in that section by an accused, shall apply mutatis mutandis with reference to a case in which the attorney-general appeals in terms of subsection (1) of this section.


(3) Upon an appeal in terms of subsection (1) or an application referred to in subsection (2), brought by the attorney-general, the court may order that the State pay the accused concerned the whole or any part of the costs to which the accused may have been put in opposing the appeal or application, taxed according to the scale in civil cases of that court.


[Section 316B inserted by section 11 of Act No. 107 of 1990]