Criminal Law Code as at 1st March 2007
“court” means⎯
(a) the Supreme Court; or
(b) the High Court; or
(c) a magistrates court; or
(d) a local court constituted in terms of the Customary Law and Local Courts Act
[Chapter 7:05]; or
(e) any other court or tribunal;
whichever is hearing or has jurisdiction to hear the matter concerned;
“crime” means any conduct punishable by this Code or as a criminal offence in any other
enactment;
“fixed date” means the date fixed in terms of subsection (3) of section one as the date of
commencement of this Code;
“intend”, when used in relation to any crime or conduct, means that intention is an essential
element of that crime or conduct as provided in section thirteen;
“judicial officer” means a judge, president, magistrate, presiding officer or other person
presiding over a court or tribunal;
“know”, when used in relation to any crime or conduct, means that knowledge of the
relevant fact or circumstance is an essential element of that crime or conduct as
provided in section fourteen;
“level”, when used in relation to a fine, means the appropriate level on the standard scale;2
“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other
Minister to whom the President may, from time to time, assign the administration of
this Code;
“marriage” means a marriage solemnised under the Marriage Act [Chapter 5:11] or the
Customary Marriages Act [Chapter 5:07], or an unregistered customary law marriage,
and the words “husband”, “spouse” and “wife” shall be construed accordingly;
“person”, in relation to a person against whose property or other interests a crime is
committed, includes the State;
“police” means the Police Force or a police officer;
“police officer” includes a Police Constabulary member or a special constable as defined in
section 2 of the Police Act [Chapter 11:10];
“realise”, when used in connection with the existence or otherwise of a real risk or
possibility in relation to any crime or conduct, means that realisation of a real risk or
possibility is an essential element of that crime or conduct, as provided in section
fifteen;
“standard scale” means the standard scale of fines referred to in section two hundred and
eighty and the First Schedule;3
2
Definition into operation 3rd February, 2006, together with definition of "standard scale", infra, s. 280 and
First Schedule, by virtue of s. 11(2) of General Laws Amendment Act, 2005 (No. 6 of 2005).
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