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NOTICE OF AMENDMENT
Criminal Procedure and evidence (Amendment) Bill, 2015 (H B. 2, 2015)
AMENDMENT OF CLAUSE 2
BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
On page 2 of the bill, in line 31, delete the definition of “medical officer” and substitute
with the following—
“medical officer” means a —
(a) medical practitioner; or
(b) State Registered Nurse;
employed wholly or mainly or on a part-time basis by the Police Services, the Prisons
and Correctional Services or other organ of State, or a local authority;
AMENDMENT OF CLAUSE 3
BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
On page 4 of the bill, section 10, in line 18, delete the word “sentence”.
On page 4 of the bill, after line 21, insert the following subsection in the new section 10 and
the existing section becoming subsection (1)—
“(2) If, in the opinion of the Prosecutor-General, the accused person has been wrongly
convicted by the court, the Prosecutor-General may, at any stage after conviction, make
representations to the court that—
(a) there is compelling evidence that exonerates the convicted person of the offence; or
(b) compelling evidence incriminating a person other than the convicted person has been
brought to the Prosecutor-General’s knowledge; or
(c) new evidence obtained links the convicted person to a lesser offence and not to the
offence for which he or she was convicted;
and that the evidence referred to in paragraph (a), (b) or (c) was not within the ProsecutorGeneral’s knowledge at the time of the trial.
(3) Upon hearing the representations of the Prosecutor-General, the court may—
(a) uphold the conviction; or
(b) set aside the conviction and liberate the convicted person; or
(c) make such order or give such directions as it deems fit.
(4) If the Prosecutor General is dissatisfied with the court’s decision in terms of
subsection (3), the Prosecutor-General may appeal against such decision to a superior court.
(5) On an appeal by the Prosecutor-General in terms of subsection (4), the superior court
may—
(a) confirm the decision made in terms of subsection (3); or
(b) remit the case to the convicting court for sentencing; or
(c) make such order or give such directions as it deems fit.”
CLAUSE 6 (AMENDMENT OF SECTION 16 OF CAP. 9:07)
BY HON MAJOME:
Delete Clause 6 of the Bill (excluding non-juristic private prosecutor).