CRIMINAL PROCEDURE AND EVIDENCE ACT
the postponement or suspension was ordered by another court, to the clerk of such court, and
shall in such notice state fully and clearly where the place of residence to which he has removed
is situated.
(17) Any person who contravenes subsection (16) shall be guilty of an offence and liable to a
fine not exceeding level four.
[Subsection amended by s. 4 of Act No. 22 of 2001.]
359 Magistrates court not to impose sentences of less than four days
No person shall be sentenced by a magistrates court to imprisonment for a period of less than
four days, unless the sentence is that the offender be detained until the rising of the court.
360
[Section repealed by s. 282 of Act No. 23 of 2004]
PART XIX
COMPENSATION AND RESTITUTION
361 Interpretation in Part XIX
In this Part—
“injured party” means a person who is entitled to—
(a) an award of compensation in terms of section three hundred and sixty-two, three hundred and sixty-three or three hundred and sixty-four; or
(b) an order in terms of section three hundred and sixty-five for the restoration of property
to him.
362 Compensation for loss of or damage to property
(1) Subject to this Part, a court which has convicted a person of an offence may forthwith
award compensation to any person whose right or interest in property of any description has
been lost or diminished as a direct result of the offence.
(2) For the purposes of subsection (1)—
(a) if a person has been obliged as a direct result of an offence to incur expenditure in
connection with any property, a court may regard the whole or any part of the expenditure as being the amount by which his right or interest in the property has been diminished, and may award him compensation accordingly;
(b) where damage is occasioned to stolen property or to property that is the subject of an
attempted theft while the property is out of the owner’s possession, such damage shall
be deemed to have been occasioned as a direct result of the theft or attempted theft, as
the case may be, of the property concerned.
363 Compensation for personal injury
Subject to this Part, a court which has convicted a person of an offence may forthwith award
compensation to any person who has suffered personal injury as a direct result of the offence.
364 Compensation to innocent purchaser of property
Subject to this Part, where—
(a) a court has convicted a person of an offence involving the unlawful obtaining, possession or disposal of property of any description; and
(b) the court is satisfied that the convicted person disposed of the property for value to
another person who had no knowledge that it had been unlawfully obtained or possessed or was being unlawfully disposed of, as the case may be;
the court may forthwith award compensation to that other person in an amount not exceeding
the value of any consideration which he paid or gave in respect of the disposal of the property
to him.
140
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