CRIMINAL PROCEDURE AND EVIDENCE ACT
Act [Chapter 27:19] to examine the woman privately, either together or successively, and to
ascertain whether she is pregnant or not.
[Subsection amended by s. 151 of Act No. 6 of 2000.]
342 Manner of carrying out death sentence
(1) As soon as practicable after a sentence of death is passed the judge who passed the sentence or any other judge of the court shall issue his warrant to the Sheriff or his deputy for the
execution of the sentence, but such warrant shall not be executed until the Prosecutor-General
has, in writing signed by him, given notice to the Sheriff or the deputy that the President has
decided not to grant a pardon to or reprieve the person so sentenced or otherwise exercise the
prerogative of mercy in respect of him.
[Subsection amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015]
(2) As soon after the receipt of the notice referred to in subsection (1) by the Sheriff or his
deputy as fitting arrangements for the carrying out of the sentence can be made in or in the
precincts of a prison appointed in accordance with law for the carrying out of sentences of
capital punishment, the Sheriff or his deputy shall execute the judge’s warrant issued to him in
terms of subsection (1) in the appointed prison or its precincts:
Provided that the Sheriff or his deputy shall not execute the judge’s warrant if at any time the
Prosecutor-General, by notice in writing under his own hand to the Sheriff or the deputy sheriff, intimates that the President has decided to grant a pardon or reprieve to the person so
sentenced or otherwise to exercise the prerogative of mercy with regard to him.
[Proviso amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015]
(3) Any notice by the Prosecutor-General under the proviso to subsection (2) shall be construed for all purposes as a cancellation of the judge’s warrant.
[Subsection amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015]
B. Imprisonment and fine
343 Cumulative or concurrent sentences
(1) When a person is convicted at one trial of two or more different offences or when a person under sentence or undergoing punishment for one offence is convicted of another offence,
the court may sentence him to such several punishments for such offences or for such last
offence, as the case may be, as the court is competent to impose.
(2) When sentencing any person to punishments in terms of subsection (1), the court may
direct the order in which the sentences shall be served or that such sentences shall run concurrently.
344 Discretion of court as to amount and nature of punishment
(1) Where any person is liable by law to a sentence of imprisonment for life or for any period, he may be imprisoned for any shorter period.
[Subsection amended by s. 13 of Act No. 8 of 1997 and by s. 49 of Act No. 2 of 2016.]
(2) A person liable by law to be sentenced to pay a fine of any amount may be sentenced to
pay a fine of any lesser amount.
(3) Subsections (1) and (2) shall not apply to any offence for which a minimum penalty is
prescribed in the enactment prescribing a punishment for the offence.
344A Imprisonment for life
Subject to any other law, the effect of a sentence of imprisonment for life imposed on or after
the date of commencement of the Criminal Procedure and Evidence Amendment Act, 1997,
shall be that the person so sentenced shall remain imprisoned for the rest of his life.
[Section inserted by s. 14 of Act 8 of 1997]
345 Periodical imprisonment
(1) For the purposes of this section—
126
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