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Criminal Law (Sentencing) Amendment Act 38 of 2007

By Legalish, Oct 14 2014 12:45PM

To amend the Criminal Law Amendment Act, 1997, so as to further regulate the imposition of discretionary minimum sentences for certain serious offences; to give a regional court jurisdiction to convict and sentence a person found guilty of an offence referred to in Part I of Schedule 2 to imprisonment for life; to provide that certain circumstances shall not constitute substantial and compelling circumstances justifying the imposition of a lesser sentence when a sentence must be imposed in respect of the offence of rape; to repeal all sections dealing with the committal of an accused for the purposes of sentencing by a High Court after conviction in a regional court of an offence referred to in Schedule 2; to amend Schedule 2 in order to further regulate the offences in respect of which discretionary minimum sentences are prescribed; to amend the Criminal Procedure Act, 1977, so as to provide for an automatic right of appeal if a person is sentenced to life imprisonment by a regional court; to amend the National Prosecuting Authority Act, 1998, so as to provide for policy directives indicating in which instances prosecutions in respect of offences referred to in Schedule 2 to the Criminal Law Amendment Act, 1997, must be instituted in the High Court as a court of first instance; to amend the Prevention of Organised Crime Act, 1998, so as to effect a consequential amendment; and to provide for matters connected therewith.

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