CRIMINAL PROCEDURE AND EVIDENCE ACT
(3) The Minister shall not make regulations in terms of this section in respect of matters for
which rules of court have been made.
FIRST SCHEDULE (Sections 25, 27, 30 and 42)
SPECIFIED OFFENCES IN RELATION TO POWERS OF ARREST
Any offence in respect of which a punishment of a period of imprisonment exceeding six
months is provided and may be imposed without the option of a fine, and any conspiracy,
incitement or attempt to commit, or being a participant in, any such offence.
[Schedule substituted by s. 46 of Act No. 2 of 2016]
SECOND SCHEDULE (Section 62)
OFFENCES IN CONNECTION WITH WHICH THINGS MAY BE SEIZED AND CONFISCATED IN TERMS OF
SECTION 62
1. Any offence under any enactment relating to the unlawful possession, conveyance or
supply of habit-forming drugs or harmful liquids.
2. Any offence under any enactment relating to the unlawful possession of, or dealing in,
precious metals or precious stones.
3. Theft, either at common law or as defined by any enactment.
4. Breaking and entering any premises with intent to commit an offence, either at common
law or in contravention of any enactment.
THIRD SCHEDULE (Sections 32, 116 117(6) and 123)
OFFENCES IN RESPECT OF WHICH POWER TO ADMIT PERSONS TO BAIL IS EXCLUDED OR QUALIFIED
PART I
1. Murder, where⎯
(a) it was planned or premeditated; or
(b) the victim was⎯
(i) a law enforcement officer or public prosecutor performing his or her
functions as such, whether on duty or not, or a law enforcement officer or
public prosecutor who was killed by virtue of his or her holding such a
position; or
(ii) a person who has given or was likely to give material evidence with
reference to any offence referred to in the First Schedule;
or
(c) the death of the victim was caused by the accused in committing or attempting to
commit or after having committed or having attempted to commit one of the following offences⎯
(i) rape; or
(ii) aggravated indecent assault; or
(iii) robbery with aggravating circumstances;
or
(d) the offence was committed by a person, group of persons or syndicate acting in
the execution or furtherance of a common purpose or conspiracy.
2. Rape or aggravated indecent assault⎯
(a) when committed⎯
(i) in circumstances where the victim was raped or indecently assaulted more
than once, whether by the accused or by any co-perpetrator or accomplice; or
(ii) by more than one person, where such persons acted in the execution or
furtherance of a common purpose or conspiracy; or
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