- Government
Gazette 14982
-
STATE
PRESIDENT'S
OFFICE No.
1283
-
20
July
1993
-
- It
is hereby
notified that
the
State
President has
assented
to the
following Act
which is
hereby
published for
general
information:-
-
- NO.
116 OF
1993:
CRIMINAL
MATTERS AMENDMENT
ACT, 1993
-
- GENERAL
EXPLANATORY
NOTE:
-
- Words
in bold
type
indicate omissions
from
existing
enactments.
Words in
italics
indicate
insertions
in existing
enactments.
-
- ACT
-
- To
amend
the
Correctional
Services
Act,
1959,
so as
to amend
a certain
definition and
to delete
others;
to
provide that
a determinate
sentence
of imprisonment
shall
run concurrently
with an
indeterminate
sentence
of imprisonment
imposed
on a
dangerous
criminal;
and to
further regulate
correctional supervision;
to amend
the
Mental
Health
Act, 1973,
so as
to amend
a certain
definition
and to
delete
others;
to amend
the Criminal
Procedure
Act,
1977,
so as
to amend
the
definition
of "correctional
supervision";
to
provide
for the
declaration
of certain
persons
as
-
dangerous
criminals;
to provide
that
a dangerous
criminal
shall
undergo
-
imprisonment
for an
indefinite
period;
and to
provide for
the
release
of such
dangerous
criminal;
and to
provide
for matters
connected
therewith.
-
- (Afrikaans
text
signed by
the State
President.)
(Assented
to 9
July 1993.)
-
BE
IT ENACTED
by the
State
President
and the
Parliament
of the
Republic
of South
Africa, as
follows:-
-
- Amendment
of section
1 of
Act 8
of 1959,
as amended
by section
1 of
Act 75
of 1965,
section
46 of
Act 70
of 1968,
section 1
of Act
88 of
1977, section
-
1
of Act
58 of
1978, section
1 of
Act
22 of
1980,
Government
Notice No.
-
2302
of 31
October
1980, section
1 of
Act
43 of
1981,
section
1 of
Act 65
of 1982,
section
1 of
Act 104
of 1983,
section 1
of Act
6 of
1985, section
-
1
of Act
92 of
1990, section
1 of
Act
122 of
1991 and
section
1 of
Act 68
of 1993
-
- 1.
Section
1 of
the Correctional
Services
Act, 1959,
is hereby
amended-
-
- (a)
by the
substitution
for paragraph
(c) of
the definition
of
-
"correctional
supervision"
of the
following
paragraph:
-
- "(c)
his
sentence
has
been converted
into
that
under
section
-
276A(3)(e)(ii),
286B(4)(b)(ii)
or
287(4)(b) of
the Criminal
-
Procedure
Act, 1977,
or he
has been
placed
under that
under
section
-
286B(5)(iii)
or 287(4)(a)
of the
Criminal
Procedure
Act;";
-
and
-
- (b)
by the
deletion
of the
definitions
of
"hospital prison
for psychopaths",
"psychopath"
and
"psychopathic
disorder".
-
- Amendment
of section
20 of
Act 8
of 1959,
as substituted
by
section
9 of
-
Act
92 of
1990 and
amended
by section
6 of
Act
135 of
1991
-
- 2.
Section
20 of
the Correctional
Services
Act, 1959,
is hereby
amended
by the
deletion of
paragraph (dA)
of
subsection
(1).
-
- Amendment
of section
32 of
Act 8
of 1959,
as amended
by section
14 of
Act
-
101
of 1969
and section
12 of
Act 68
of 1993
-
- 3.
Section
32 of
the Correctional
Services
Act, 1959,
is hereby
amended
by the
substitution
for paragraph
(a) of
the proviso
to subsection
(2) of
-
the
following
paragraph:
-
- "(a)
that any
determinate
sentence
of imprisonment
to be
served
by any
person
shall run
concurrently
with a
life
sentence
or with
an indeterminate
sentence
of imprisonment
to be
served by
such
person
in consequence
of being
declared
an habitual
criminal
or dangerous
criminal;
and".
-
- Substitution
of section
34 of
Act 8
of 1959,
as substituted
by section
5 of
-
Act
88 of
1977 and
amended
by section
12 of
Act
92 of
1990
-
4.
The following
section
is
hereby
substituted
for
section 34
of the
-
Correctional
Services Act,
1959: "Mental
cases
-
34.
(1) A
prisoner who,
while
serving
a sentence
of imprisonment,
is removed
to an
institution
as
defined
in section
1 of
the Mental
Health
Act,
-
1973,
or a
hospital
prison
for
psychopaths
shall, as
soon as
he is
-
fit
for discharge
therefrom,
be returned
by the
authorities
of such
institution
or
hospital
prison for
psychopaths,
as the
case may
be
-
to
complete
the
sentence
which was
interrupted
by his
removal
to such
-
- institution
or
hospital
prison for
psychopaths.
-
- (2)
The period
during which
such prisoner
was detained
in an
institution
referred
to in
subsection
(1)
or a
hospital
prison for
psychopaths
may,
on the
authority
of the
Minister,
be reckoned
as part
of his
sentence
of imprisonment.".
-
- Substitution
of section
77 of
Act 8
of 1959,
as substituted
by section
8 of
-
Act
88 of
1977
-
- 5.
The following
section
is
hereby
substituted
for
section 77
of the
-
Correctional
Services Act,
1959:
-
"Training,
treatment
and labour
of prisoners -
- 77.
Every prisoner
sentenced
to imprisonment
and detained
in a
prison including
a hospital
prison for
psychopaths
shall,
subject
to the
provisions
of this
Act and
subject
also to
any special
order
of the
court,
-
be
employed,
trained
and
treated
in such
manner
as the
Commissioner
may
-
determine,
and such
a prisoner
shall
at all
times
perform
such
labour, tasks
and
other duties
as may
be assigned
to him
for the
purpose
of such
employment,
training
or treatment
or for
any
other purpose
connected
with such
prison,
by any
member
of the
Department.
".
-
- Amendment
of section
81 of
Act 8
of 1959,
as substituted
by
section
20 of
-
Act
58 of
1978 and
amended
by section
3 of
Act
54 of
1979 and
section
23 of
-
Act
68 of
1993
-
- 6.
Section
81 of
the Correctional
Services
Act, 1959,
is hereby
amended
by the
deletion of
subsection
(3).
-
- Amendment
of section
84B of
Act 8
of 1959,
as
inserted
by section
28 of
Act
-
122
of 1991
-
- 7.
Section
84B of
the
Correctional
Services Act,
1959, is
hereby
amended
by the
substitution
for subsection
(2) of
the following
subsection:
-
- "(2)
Any
probationer
who
is
subject
to correctional
supervision
under
section
6(1)(c), 276(1)(h),
286B(4)(b)(ii)
or (5)(iii)
or
297(1)(a)(i)(ccA),
(1)(b)
or (4)
of the
Criminal
Procedure
Act,
1977, -
and
who has
been arrested
and is
being
detained
under
the provisions
of subsection
(1)
shall in
such
a case
not be
so detained
for
longer
than
-
72
hours before
he is
brought
before
the
court.".
-
- Amendment
of section
1 of
Act 18
of 1973,
as amended
by section
1 of
Act 10
of 1978,
section
1 of
Act 38
of 1981,
section 1
of Act
3 of
1984,
section
2
-
of
Act
34 of
1986, section
1 of
Act 55
of 1987,
section
6 of
Act 51
of 1991
-
and
section 1
of Act
19 of
1992
-
- 8.
Section
1 of
the Mental
Health
Act, 1973,
is hereby
amended-
-
- (a)
by the
substitution
for the
definition
of "mental
illness"
of the
following
definition:
-
- "'mental
illness'
means
any disorder
or disability
of the
mind,
and includes
any mental
disease and
any arrested
or
incomplete
development
of the
mind,
and any
psychopathic
disorder
and
-
'mentally
ill'
has
a corresponding
meaning;";
and
-
- (b)
by the
deletion
of the
definitions
of
"hospital prison
for psychopaths"
and "psychopathic
disorder".
-
- Substitution
of section
27 of
Act 18
of 1973
-
- 9.
The following
section
is
hereby
substituted
for
section 27
of the
-
Mental
Health
Act,
1973:
-
- "Patients
certified to
be dangerous
-
- 27.
If any
person in
respect of
whom a
reception
order has
been issued
under this
Chapter, or
a State
patient,
is certified
by two
medical
practitioners,
of whom
one
shall be
a psychiatrist,
to be
dangerous,
the patient
shall,
if
possible, be
removed
to and
detained
at a
maximum
security
hospital,
or
a hospital
prison
for
psychopaths
and
any
-
order
by any
court of
law directing
that
a State
patient
be
detained
in a
-
mental
psychiatric
hospital
or a
prison
shall,
if the
patient
-
is
so certified
to be
dangerous,
be construed
as
directing
that
the patient
be
detained
at a
maximum
security
hospital
or
a hospital
prison
for psychopaths,
respectively
-
- Amendment
of section
30 of
Act 18
of 1973,
as
amended
by section
2 of
Act
-
38
of 1981
-
- 10.
Section
30 of
the Mental
Health
Act,
1973,
is
hereby
amended-
(a) by
the substitution
for subsection
(1) of
the
following subsection:
-
"(1)
Whenever
it
appears
to the
Minister
that
a convicted
prisoner
in a
prison is
mentally
ill to
such a
degree
that he
should
be detained
in an
institution
or
in a
hospital
prison
for
-
psychopaths
and the
prisoner
is not
under the
sentence
of
death,
-
he
may
order the
magistrate
of the
district in
which
the
prison
is situated
to
cause
the
mental
condition
of the
prisoner to
be enquired
into."; and
-
- (b)
by the
substitution
for subsections
(4) and
(5) of
the following
-
- subsections,
respectively:
-
- "(4)
If any
such medical
practitioner
certifies
that he
is
doubtful whether
the prisoner
is mentally
ill to
the
degree
referred
to,
the
magistrate
may
direct
that
the
prisoner be
removed
for observation
to an
institution,
other
than
a licensed
institution
or
to
a
-
hospital
prison
for
psychopaths,
as the
case
may be.
-
- (5)
A prisoner
shall,
while
he is
detained in
an
institution
or
a hospital
prison for
psychopaths
under
subsection (4),
be deemed
to be
-
in
the
lawful
custody
of the
person
in charge
of the
prison in
which
he was
-
detained
immediately
prior to
his removal.".
Substitution
of section
31 of
Act 18
of 1973
-
11.
The following
section
is hereby
substituted
for
section 31
of the
-
Mental
Health
Act,
1973:
-
- "Procedure
where prisoner
removed
for observation
is found
to be
mentally
ill
-
- 31.
(1) If
the magistrate
is satisfied
that a
prisoner
removed
under section
30(4)
for observation
is mentally
ill
to the
degree
referred to
in section
30(1),
he shall,
pending a
direction
under
subsection
(2) of
this section,
make
an order
for the
further detention
of the
prisoner
in the
institution
or
hospital
prison in
question.
-
- (2)
When an
order is
made
under
subsection
(1), the
Minister
shall
direct either
that the
prisoner
be detained
in the
institution
or hospital
prison in
question
or that
he be
removed
to an
institution
-
or
hospital
prison for
psychopaths
specified
by the
Minister.
-
- (3)
The magistrate
making
the
order under
subsection
(1)
shall without
delay
transmit
to the
Director-General
a copy
of the
order,
together
with
a copy
of any
medical
certificate
referred
to in
section 30(4)
and of
any
report relating
to the
prisoner
by the
superintendent
of the
institution
-
or
the person
in charge
of the
hospital
prison
in question,
as the
case
may be
and
of the
warrant under
which the
prisoner
was
detained in
prison.
-
- (4)
A prisoner
shall,
subject
to the
provisions of
section
34 of
the
Prisons
Correctional
Services
Act,
1959
(Act No.
8 of 1959),
be detained
in the
institution
or hospital
prison
referred to
in subsection
(2) or
in any
other
institution
or hospital
prison to
which
he may
be transferred.". -
- Amendment
of section
32 of
Act 18
of 1973
-
- 12.
Section
32 of
the Mental
Health
Act,
1973,
is
hereby
amended
by the
substitution
for subsections
(3) and
(4) of
the following
subsections,
respectively:
-
- "(3)
The Minister
shall
direct
that
the
prisoner
concerned
be removed
to an
institution
or hospital
prison
for
psychopaths
specified
by the
Minister,
whereupon
the prisoner
shall
be
removed
to and
be
received
at such
institution
or hospital
prison,
as the
case may
be.
-
- (4)
A prisoner
shall,
subject
to the
provisions of
section
34 of
the
Prisons
Correctional
Services
Act,
1959
(Act No.
8 of 1959),
be detained
in the
institution
or hospital
prison
referred to
in subsection
(3) or
in any
other institution
or hospital
prison to
which
he may
be transferred.". -
- Substitution
of section
33 of
Act 18
of 1973
-
- 13.
The following
section
is hereby
substituted
for
section 33
of the
-
Mental
Health
Act,
1973:
-
- "Procedure
on recovery
of mentally
ill prisoner
-
- 33.
If two
medical
practitioners
certify in
writing
that a
mentally
ill prisoner
in respect
of whom
a direction
has been
issued that
he be
detained
in an
institution
or prison
hospital
for
psychopaths
has recovered
-
to
such an
extent
that
his detention
in the
institution
or prison
-
hospital
for
psychopaths
is
no longer
necessary,
such prisoner
shall
be dealt
with
under
the
provisions of
section 34
of the
Prisons
Correctional
Services Act,
1959 (Act
No. 8
of 1959).".
-
- Amendment
of section
34 of
Act 18
of 1973
-
- 14.
Section
34 of
the Mental
Health
Act,
1973,
is
hereby
amended
by the
substitution
for subsection
(3) of
the
following subsection:
-
- "(3)
If one
month
before
the
expiry
of his
sentence
of imprisonment
such
prisoner
is still
mentally
ill
to such
a degree
that
it is
-
necessary
that he
be detained
in an
institution,
or hospital
prison for
psychopaths
the superintendent
or other
custodian
of the
prisoner shall
without
delay transmit
a report
as to
his
mental
condition, together
with such
other
documents
as may
be deemed
necessary,
to the
official
curator ad
litem,
who shall
without
delay
transmit
the report
and
documents
to the
registrar
of the
court
for the
consideration
of a
judge
in chambers.".
-
- Amendment
of section
77 of
Act 18
of 1973,
as
amended
by section
3 of
Act
-
36
of 1977
-
- 15.
Section
77 of
the Mental
Health
Act,
1973,
is
hereby
amended
by the
deletion of
paragraph
(d) of
subsection
(1).
-
- Amendment
of section
1 of
Act 51
of 1977,
as amended
by section
1 of
Act
-
107
of 1990,
section
1 of
Act 5
of 1991
and
section 35
of Act
122
of 1991
-
- 16.
Section
1 of
the Criminal
Procedure
Act,
1977,
is hereby
amended
by the
substitution
in
subsection
(1) for
paragraph (c)
of the
definition
of "correctional
supervision"
of the
following paragraph:
-
- "(c)
his
sentence
has
been converted
into
that
under
section
-
276A(3)(e)(ii),
286B(4)(b)(ii)
or 287(4)(b)
or he
has
been placed
under
that
under
section
286B(S)(iii)
or 287(4)(a);".
-
- Amendment
of section
79 of
Act 51
of 1977,
as
amended
by section
4 of
Act
4 of
1992
-
- 17.
Section
79 of
the Criminal
Procedure
Act,
1977, is
hereby
amended
by the
substitution
for subsection
(9) of
the following
subsection:
-
- "(9)
The
Secretary
for Health
Director-General:
National
-
Health
and
Population
Development
shall
compile
and keep
a list
of psychiatrists
who are
prepared
to conduct
any
enquiry
under
this section
and
section
286A(3),
and shall
provide
the
registrars
of
-
the
several
divisions
of the
supreme
court and
all clerks
of magistrates'
courts
with
a copy
thereof.".
-
- Amendment
of section
114 of
Act 51
of 1977
-
18.
Section
114 of
the
Criminal
Procedure
Act,
1977,
is
hereby
amended-
(a) by
the deletion
of the
word "or"
at the
end of
paragraph (a)
of
-
subsection
(1); and
-
- (b)
by the
addition
of the
word
"or" at
the end
of paragraph
(b) of
subsection
(1) and
the
addition
to the
said subsection
of the
following
paragraph:
-
- "(c)
that
the
accused
is
a person
referred
to in
section
-
286A(1),".
-
- Amendment
of section
116 of
Act 51
of 1977
-
19.
Section
116 of
the
Criminal
Procedure
Act,
1977, is
hereby
amended-
(a) by
the deletion
of the
word "or"
at the
end of
paragraph (a)
of
-
subsection
(1); and
-
- (b)
by the
addition
of the
word
"or" at
the end
of paragraph
(b) of
subsection
(1) and
the
addition
to the
said subsection
of the
following
paragraph:
-
- "(c)
that
the
accused
is
a person
referred
to in
section
-
286A(1),".
-
- Amendment
of section
276 of
Act 51
of 1977,
as
amended
by section
3 of
Act
-
107
of 1990,
section
41 of
Act 122
of 1991
and section
18 of
Act 139
of
-
1992
-
- 20.
Section
276 of
the
Criminal
Procedure
Act,
1977,
is
hereby
amended
by the
substitution
for paragraph
(b) of
subsection
(1) of
the
following paragraph:
-
- "(b)
imprisonment,
including
imprisonment
for life
or imprisonment
for an
indefinite
period
as referred
to in
section
-
286B(1);".
-
- Insertion
of sections
286A
and 286B
in Act
51 of
1977
-
- 21.
The following
sections
are hereby
inserted
in the
Criminal
-
Procedure
Act,
1977,
after
section
286:
-
"Declaration
of certain
persons
as
dangerous
criminals
-
- 286A.
(1)
Subject to
the
provisions
of subsections
(2), (3)
and
(4),
-
a
superior court
or a
regional court
which convicts
a person
of one
or more
offences,
may,
if it
is satisfied
that
the
said person
represents
a danger
-
to
the
physical
or mental
well-being
of other
persons
and that
the
community
should be
protected
against
him, declare
him a
dangerous
criminal.
-
(2)
(a) If
it appears
to a
court referred
to in
subsection
(1)
or
if
it -
is
alleged
before
such
court
that
the
accused is
a dangerous
criminal,
the
court may
after
conviction
direct that
the matter
be enquired
into and
be reported
on
in
accordance
with the
provisions
of subsection
(3).
-
- (b)
Before the
court
commits
an accused
for an
enquiry in
terms of
subsection
(3), the
court shall
inform such
accused of
its
intention
and explain
to him
the provisions
of this
section
and of
section 286B
as well
as the
gravity
of those
provisions.
-
- (3)
(a) Where
a court
issues a
direction
under
subsection
(2)(a),
the
relevant
enquiry
shall
be
conducted
and
be reported
on-
-
(i)
by
the medical
superintendent
of
a psychiatric
hospital -
- designated
by
the court,
or by
a
psychiatrist
appointed
by such
medical
superintendent
at the
request
of the
court;
and
-
(ii)
by
a psychiatrist
appointed
by the
accused
if he
so wishes.
(b)
(i) The
court may
for the
purposes
of such
enquiry commit
the
-
accused
to
a
psychiatric
hospital
or
other
place
designated
by
the
court,
-
for
such periods,
not exceeding
30 days
at a
time,
as the
court
may
from time
to time
determine,
and
if an
accused
is in
custody
when he
is so
committed,
he shall,
while
he
is so
committed,
be
deemed
to be
in the
lawful custody
of the
person or
the authority
in
whose
custody
he
was at
the time
of
such
committal.
-
- (ii)
When
the period
of
committal
is extended
for the
first time
under subparagraph
(i), such
extension
may
be
granted
in the
absence of
the accused
unless
the
accused
or his
legal
representative
requests
otherwise.
-
- (c)
The
relevant
report shall
be in
writing and
shall
be
submitted
in triplicate
to the
registrar
or the
clerk
of the
court, as
the
case
may
be,
-
who
shall make
a copy
thereof
available
to the
prosecutor
and
the accused
or his
legal
representative.
-
- (d)
The report
shall-
-
- (i)
include
a description
of the
nature of
the enquiry;
and
-
- (ii)
include
a finding
as to
the
question
whether
the
accused
represents
a danger
to the
physical
or mental
well-being
of other
persons.
-
- (e)
If the
persons
conducting
the
enquiry are
not unanimous
in their
finding
under
paragraph
(d)(ii), such
fact shall
be
mentioned
in
the
report
and each
of such
persons
shall give
his finding
on
the matter
in
question.
-
- (f)
Subject to
the provisions
of paragraph
(g), the
contents
of the
report
shall
be admissible
in evidence
at
criminal
proceedings.
-
- (g)
A statement
made
by
an accused
at the
enquiry
shall
not
be admissible
in evidence
against
the accused
at
criminal
proceedings,
except
to the
extent
to which
it may
be relevant
to the
determination
of the
question
whether
the
accused
is
a dangerous
criminal or
not,
in which
event such
statement
shall
be
admissible
notwithstanding
that it
may
otherwise
be inadmissible. -
- (h)
A psychiatrist
appointed
under
paragraph
(a), other
than
a psychiatrist
appointed by
an accused,
shall, subject
to the
provisions of
paragraph (i),
be
appointed
from the
list of
psychiatrists
referred to
in section
79(9).
-
- (i)
Where
the list
compiled
and kept
in terms
of section
79(9)
does not
include
a sufficient
number
of
psychiatrists
who may
conveniently
be appointed
for
any enquiry
under
this
subsection,
a psychiatrist
may
be appointed
for
the purposes
of such
enquiry
notwithstanding
that his
name does
not appear
on such
list.
-
- (j)
A psychiatrist
designated
or appointed
under
paragraph
(a) and
who
is not
in the
full-time
service
of the
State,
shall
be
compensated
for his
services
in connection
with the
enquiry,
including
giving
evidence,
from public
funds
in accordance
with
a tariff
determined by
the
Minister
in consultation
with the
Minister
of State
Expenditure.
-
- (k)
For the
purposes of
this
subsection
a psychiatrist
means
a person
registered
as
a psychiatrist
under
the
Medical,
Dental
and
Supplementary
Health
Service
Professions
Act,
1974
(Act
No. 56
of 1974).
-
- (4)
(a) If
the finding
contained
in the
report is
the unanimous
finding
of the
persons
who under
subsection (3)
conducted
the enquiry,
and the
finding
is
not
disputed
by
the
prosecutor
or the
accused,
the
court
may determine
the
matter on
such report
without
hearing
further
evidence.
-
- (b)
If the
said finding
is not
unanimous
or, if
unanimous,
is disputed
by the
prosecutor
or
the accused,
the court
shall
determine
the
matter
-
after
hearing
evidence,
and the
prosecutor
and
the
accused
may
to
that
end present
evidence
to
the
court,
including
the evidence
of any
person
who under
subsection
(3)(a)
conducted
the enquiry.
-
- (c)
Where
the said
finding
is disputed,
the
party
disputing
the finding
may
subpoena and
cross-examine
any
person
who
under
subsection
(3)(a)
conducted
the enquiry.
-
- Imprisonment
for indefinite
period
-
286B.
(1)
The court
which declares
a person
a dangerous
criminal -
- (a)
sentence
such person
to undergo
imprisonment
for an
indefinite
period;
and
-
- (b)
direct
that such
person be
brought
before the
court
on the
expiration of
a period
determined
by
it, which
shall
not exceed
the
jurisdiction
of
the
court.
-
- (2)
A person
sentenced
under
subsection
(1)
to undergo
imprisonment
for
an indefinite
period shall,
notwithstanding
the
provisions
of subsection
(1)(b)
but
subject
to the
provisions
of subsection
(3) within
seven
days
-
after
the
expiration
of the
period
contemplated
in
subsection
(1)(b)
be
-
brought
before the
court which
sentenced
him
in
order
to enable
such
court
-
- to
reconsider
the said
sentence:
Provided
that in
the absence
of the
judicial
officer
who sentenced
the
person
any
other
judicial
officer of
that court
may,
after
consideration
of
the
evidence
recorded
and
in the
presence
of the
person,
make
such
order
as the
judicial
officer
who is
-
absent
could lawfully
have
made in
the
proceedings
in question
if
he
had not
been absent.
-
- (3)
(a) The
Commissioner
may, if
he is
of
the
opinion
that owing
to practical
or other
considerations
it is
desirable
that
a court
other than
-
the
court which
sentenced
the person
should
reconsider
such
sentence
after
the expiration
of the
period
contemplated
in subsection
(1)(b),
with the
concurrence
of the
attorney-general
in whose
jurisdiction
such other
court is
situated,
apply
to the
registrar
or to
the clerk
of
the
court, as
the
-
case
may
be, of
the
other
court to
have such
person
appear before
the
other
-
court
for that
purpose:
Provided
that
such sentence
shall
only be
reconsidered
by
a court
with
jurisdiction
equal
to that
of
the
court
which
sentenced
the
person.
-
- (b)
On receipt
of any
application
referred
to
in paragraph
(a), the
registrar
or the
clerk
of
the
court, as
the case
may
be,
shall, after
consultation
with the
prosecutor,
set the
matter
down
for a
date
which
shall
not
be later
than
seven
days
after
the
expiration
of
the
period
contemplated
in subsection
(1)(b).
-
- (c)
The
registrar
or
the
clerk
of
the
court,
as the
case
may be,
shall for
the
purpose
of the
reconsideration
of the
sentence-
-
- (i)
within a
reasonable
time
before
the
date
contemplated
in paragraph
(b) submit
the
case record
to the
judicial
officer who
is to
reconsider
the
sentence;
and
-
- (ii)
inform the
Commissioner
in writing
of
the date
for
which the
matter
has been
set down.
-
- (4)
(a) Whenever
a court
reconsiders
a sentence
in terms
of this
section,
it shall
have
the
same powers
as it
would
have had
if it
were
considering
sentence
after
conviction
of a
person
and the
procedure
adopted
at such
proceedings
shall apply
mutatis
mutandis
during
such
reconsideration:
Provided
that the
court
shall make
no finding
before it
-
has
considered
a report
of
a parole
board as
contemplated
in section
SC
of
-
the
Correctional
Services Act,
1959 (Act
No.
8 of
1959).
-
- (b)
After a
court has
considered
a sentence
in terms
of this
section, it
may-
-
- (i)
confirm
the
sentence
of
imprisonment
for an
indefinite period,
in which
case
the
court shall
direct
that
such
person be
brought
before the
court
on the
expiration
of
a further
-
- period
determined by
it, which
shall not
exceed
the
jurisdiction
of the
court;
-
- (ii)
convert
the
sentence
into
correctional
supervision
on
the conditions
it deems
fit; or
-
- (iii)
release
the
person
unconditionally
or on
such
conditions
as it
deems
fit.
-
- (5)
A court
which
has converted
the
sentence
of
a person
under
subsection
(4)(b)(ii)
may,
whether
differently
constituted
or not-
-
- (a)
at
any
time, if
it is
found from
a motivated
recommendation
by
the
Commissioner
that
that person
is not
fit to
be
subject to
correctional supervision;
or
-
- (b)
after
such
person
has
been brought
before the
court in
terms
of section
84B of
the
Correctional
Services Act,
1959
(Act No.
8 of
-
1959),
reconsider
that sentence
and-
-
- (i)
confirm
the
sentence
of
imprisonment
for an
indefinite period,
in which
case
the
court shall
direct
that
such
person be
brought
before the
court
on the
expiration
of
a further
period
determined by
it, which
shall not
exceed
the
jurisdiction
of the
court;
-
- (ii)
release
the
person
unconditionally
or on
such
conditions
as it
deems
fit;
or
-
- (iii)
where
the
person
is brought
before the
court
in
terms
of paragraph
(b), again
place
the person
under
correctional
supervision
on the
conditions
it deems
fit and
for a
period
which shall
not
exceed
the
unexpired
portion
of
the
period
of
correctional
supervision
as converted
in
terms
of subsection
(4)(b) (ii).
-
- (6)
For
the
purposes
of
subsection
(4)(b)(i) or
(S)(i),
it
shall
not be
regarded
as exceeding
the
jurisdiction
of the
regional
court
if the
further
period
contemplated
in
those
subsections
and the
period
contemplated
in subsection
(1)(b),
together
exceed
such
court's
jurisdiction.
-
- (7)
At the
expiration
of
the
further
period
contemplated
in subsection
(4)(b)(i)
or (S)(i),
the
provisions of
subsections
(2) up
to and
including
(6), as
well as
of this
subsection,
shall
mutatis
mutandis
apply.".
-
- Short
title
and commencement
-
- 22.
(1) This
Act shall
be
called the
Criminal
Matters
Amendment
Act,
-
- 1993,
and
shall
come
into
operation
on a
date
fixed
by the
State
President
by proclamation
in the
Gazette.
-
- (2)
Different
dates may
be fixed
in terms
of subsection
(1) in
respect
of different
provisions of
this
Act.
|
