About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

34 S. Afr. J. Crim. Just. 137 (2021)
Criminal Procedure

handle is hein.journals/soafcrimj34 and id is 143 raw text is: RECENT CASES Criminal Procedure MANAGAY REDDI University of KwaZulu-Natal Automatic review Although s 302(1)(a) of the Criminal Procedure Act 51 of 1977 (hereafter the CPA) makes provision under certain circumstances for an 'automatic review' at the close of a criminal trial, arguably, the nature of the exercise is more of an appeal than review. This is because, unlike with regular review proceedings, in an automatic review the reviewing judge is not restricted to an examination of only irregularities but can also traverse all aspects that may be the subject of an appeal (S v G 1990 (2) SA 22 (T) 26H; A Kruger Hiemstra's Criminal Procedure (2021) 30-15). The automatic review procedure is significant for several reasons. However, the most critical is that it affords protection to the large cohort of unrepresented accused who are daily sentenced in the district magistrates' courts to fairly severe sentences. The two main factors that determine whether the automatic review provisions would be invoked are: (i) the experience of the magistrate; and (ii) the nature and extent of the sentence imposed. In all instances in which the accused is legally represented during the trial, automatic review is excluded (s 302(3)(a) of the CPA). Under the peremptory provisions of s 302(1)(a)(i), if a sentence of imprisonment is imposed on an unrepresented accused the matter must go on automatic review if the period of incarceration exceeds three months and was imposed by a magistrate of less than seven years' experience in the position. If the magistrate has more than seven years' experience then the automatic review provisions will apply in instances of imprisonment in excess of six months. The provisions of s 302(1)(a)(i) require that the sentence imposed must involve some form of detention or custodial confinement. This was confirmed by the court in S v Josephs 2021 (1) SACR 450 (WCC) which stated unequivocally that a sentence of two years' correctional supervision under s 276(1)(h) of the CPA is a non-custodial sentence not involving imprisonment. Therefore, correctional supervision imposed under this sub-section falls outside the automatic review provisions of s 302(1)(a)(i). 137 https://doi.org/10.47348/SACJ/v34/ila8

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most