Requirements Of Plea And Sentence Agreement In Terms Of Section 105A Of The Criminal Procedure Act

 11 April 2021      

If no criminal proceedings are initiated or if the article is not required as evidence or judicial decision in criminal proceedings, the article is referred to the person who seized it, provided that the person can legitimately possess it. If such a person does not legally own it, it is directed at the person they may legitimately own. [458] If no one is allowed to legally own it, the article falls into disrepair for the state. [459] For example, no one can legally possess drugs or an unauthorized firearm. With respect to Section 14 of the Constitution, “Everyone has the right to privacy, which includes the law, the Commissioner did not argue that Stinchcombe allows non-disclosure of testimony on the grounds of privilege, and that this privilege included docket privilege in South African law. The Tribunal found that, although the State of Canada has discretion to withhold information that is normally disclosed, the inclusion of Section 23 by the South African Constitution implies the existence of a protected right to information. The court therefore ordered the respondents to terminate the applicant`s testimony and, if necessary, all the exhibits, plans and diagrams in the police dock, and that the applicant have access to the other information contained in the docket. When a judge has handed down a sentence that cannot be automatically verified, or when a regional court has handed down a sentence and is informed by the High Court or a judge that the procedure was not in accordance with the courts, the judge or High Court has the same powers as if it were an automatic audit according to s 302. This is subject to particular scrutiny. [384] In practice, judges intervene in this way after the judge or regional judge in question, or a colleague or superior or the DPP, has found that something is wrong and brings it to the judge`s attention, or even after the judge receives information from outside, for example from the press or from a member of the public concerned. [385] Section 67A now makes it punishable by not appearing on bail or for failing to comply with a bail condition. The situation prior to the commencement of Section 105A of the CPA is presented in S v Blank, North Western Dense Concrete CC/Director of Public Prosecutions, Western Cape and Van Eeden/Director of Public Prosecutions (Cape).

The underlying problem was that the accused was not sure that the court would be related to the state`s attitude to the sentence. Section 112, paragraph 1, point a), the accused pleads guilty and the conviction follows only the plea. In such circumstances, the presiding official must consider that the alleged offence does not justify a prison sentence without the possibility of a fine or fine greater than the amount set from time to time by the Minister (currently R1.500). The presiding official imposes any penalty in this matter, with the exception of the custodial sentence, without the possibility of a fine or a fine set by the Minister. “Prison” means any form of imprisonment, including periodic detention. [199] [200] This section should not be used for serious matters. [201] [202] The new leave provisions for child-involved cases are in Section 84 and have already been mentioned. In summary, there is an automatic right of appeal against a child under the age of 16 in all cases and for a child over the age of 16 but under the age of 18 when a direct prison sentence has been imposed. In determining whether the sentence exceeds these limits, the individual sentence is taken into account in each count, not the overall effect of all the different sentences on each count. [369] Ten counts of theft with a fine of R100 on each count would therefore not be automatically verifiable, while the total sentence would be greater than R6000.