CRIMINAL PROCEDURE AND EVIDENCE ACT
(iii) by a person who is charged with having committed two or more offences
of rape or aggravated indecent assault; or
(iv) by a person who knew that he or she had the acquired immune deficiency
syndrome or the human immunodeficiency virus;
3.
4.
5.
6.
7.
or
(b) where the victim⎯
(i) is a girl or boy under the age of 16 years; or
(ii) is a physically disabled woman who, due to her physical disability, is
rendered particularly vulnerable;
(iii) is mentally disordered or intellectually handicapped, as defined in section
2 of the Mental Health Act [Chapter 15:12] (No. 15 of 1996);
(c) involving the infliction of grievous bodily harm.
Robbery, involving⎯
(a) the use by the accused or any co-perpetrators or participants of a firearm; or
(b) the infliction of grievous bodily harm by the accused or any co-perpetrators or
participants; or
(c) the taking of a motor vehicle as defined in section 2 of the Road Traffic Act
[Chapter 13:11].
Indecent assault of a child under the age of 16 years, involving the infliction of grievous
bodily harm.
Kidnapping or unlawful detention involving the infliction of grievous bodily harm.
Contravening section 20, 21, 22, 23, 24, 25, 26, 27 or 29 of the Criminal Law Code.
Contravening section 128 of the Parks and Wild Life Act [Chapter 20:14].
[Paragraph as substituted by s. 4 of Act No. 5 of 2011]
8. An offence referred to in Part II⎯
(a) where the accused has previously been convicted of an offence referred to in that
Part or this Part; or
(b) which was allegedly committed whilst he or she was released on bail in respect of
an offence referred to in that Part or this Part.
[Paragraph as inserted by s. 4 of Act No. 5 of 2011]
PART II
Treason.
Murder otherwise than in the circumstances referred to in paragraph 1 of Part I.
Attempted murder involving the infliction of grievous bodily harm.
Malicious damage to property involving arson.
Theft of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11].
Any offence relating to the dealing in or smuggling of ammunition, firearms, explosives or
armaments, or the possession of an automatic or semi-automatic firearm, explosives or
armaments.
7. A conspiracy, incitement or attempt to commit any offence referred to in paragraph 4, 5 or
6.
8. Any offence where the Prosecutor-General has notified a magistrate of his intention to
indict the person concerned in terms of section 66.
1.
2.
3.
4.
5.
6.
[Paragraph amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015]
[Schedule as substituted by s. 27 of Act No. 9 of 2006 and amended by s. 4 of Act No. 5 of 2011]
FOURTH SCHEDULE
[Schedule impliedly repealed by sections 2 and 3 of Act No. 8 of 1997 which, respectively, substituted section 121 and repealed
section 124 of this Act, in the process removing from the Act all references to this Schedule.]
[Schedule formally repealed by s. 44 of Act No. 1 of 2002.]
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