CRIMINAL PROCEDURE AND EVIDENCE ACT
(b) declines, in whole or in part, to uphold the Minister’s objections, the Judicial Service
Commission shall resubmit them, together with the reasons for the Commission or the
judicial conference so declining, to the Minister, who may thereupon—
(i) publish them substantially in the form in which he or she first received them from
the Judicial Service Commission; or
(ii) publish such part of them as the Minister did not object to in his or her original
notification of objections under subsection (7); or
(iii) refuse to publish them as regulations in terms of section 389.
(12) Sentencing guidelines may be amended, replaced or revoked by a subsequent judicial
conference, and thereupon subsections (5) to (11) shall apply to such amendment, replacement
or revocation.
[Section inserted by s. 41 of Act No. 2 of 2016]
335 Consideration of other offences admitted by accused
(1) Upon convicting an accused of any offence, the court may, with the prosecutor’s consent
and on application by the accused, pass sentence upon the accused for other untried offences as
if they had been separately charged if the court is satisfied that the accused freely and voluntarily admits having committed those other offences.
(2) Notwithstanding anything to the contrary in section 56 of the Magistrates Court Act
[Chapter 7:10], a magistrates court may, in terms of subsection (1), pass sentence upon the
accused for an offence notwithstanding the fact that no act, omission or event which is an
element of the offence took place in the province or regional division for which the court is
established.
(3) If the court passes sentence upon the accused for an offence in terms of subsection (1),
the court shall record—
(a) the date, place and nature of the offence; and
(b) the sentence passed upon the accused in respect thereof;
and the accused shall be deemed to have been convicted and sentenced for the offence.
(4) If the conviction of the offence with which the accused was charged is set aside on appeal
or review, the conviction and sentence referred to in subsection (3) shall be deemed to be set
aside:
Provided that no person shall be entitled to plead that he has already been acquitted of an
offence with which he is charged by virtue of the setting aside of a conviction in terms of this
subsection.
PART XVIII
PUNISHMENTS
335A Interpretation in Part XVIII
In this Part⎯
“community service” means any service for the benefit of the community or a section thereof
which an offender is required to render in terms of community service order or an order
made under section three hundred and forty-seven or three hundred and fifty-eight;
“community service order” means an order under section three hundred and fifty A.
[Section inserted by s. 10 of Act No. 8 of 1997.]
336 Nature of punishments
(1) Subject to this Act and any other law, a court may impose the following punishments
upon a convicted offender—
(a) in the case of the High Court, sentence of death, where the offender is convicted murder
in aggravating circumstances;
[Paragraph substituted by s. 42 of Act No. 2 of 2016]
(b) imprisonment for life;
[Paragraph as substituted by s. 11 of Act No. 8 of 1997.]
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