Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)

Regulations

Criminal Law (Sexual Offences and Related Matters) Regulations

1. Definitions
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In these Regulations, any word or expression to which a meaning has been assigned in the Act shall bear the meaning so assigned and, unless the context otherwise indicates—

 

"alleged offender"

means any person who, for purposes of—

(a) regulations 2 to 5, 7, 8, 10 and 11, is accused of having committed a sexual offence in terms of the Act in which the victim may have been exposed to the body fluids of that person; or
(b)regulations 6 to 8, 10 and 11, is accused of having committed any offence, including a sexual offence in terms of the Act, in which the HIV status of that person may be relevant for purposes of investigation or prosecution;

 

"case number"

means the Crime Administration System number;

 

"clerk of the court"

means a clerk of the court appointed in terms of section 13 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), including any assistant clerk of the court so appointed, who, for purposes of Chapter 5 of the Act, has specifically been designated by the relevant head of the administrative region to deal with matters relating to that Chapter;

 

"data base"

means, for purposes of regulations 12, 13 and 20, any recorded information in possession of the Registrar of the National Register for Sex Offenders whether such information is in electronic format or not;

 

"health establishment"

means a public health establishment designated by the cabinet member responsible for health as contemplated in section 29(1) of the Act;

 

"magistrate"

means a magistrate or an additional magistrate appointed for a district in terms of section 9 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), who, for purposes of Chapter 5 of the Act, has specifically been designated by the relevant head of the administrative region to deal with matters relating to that Chapter;

 

"the Act"

means the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007);

 

"working day"

means any day other than a Saturday, Sunday or public holiday, as defined in section 1 of the Public Holidays Act, 1994 (Act No. 36 of 1994).