Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 17 : Plea of Guilty at Summary Trial

114. Committal by magistrate's court of accused for sentence by regional court after plea of guilty
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(1)If a magistrate's court, after conviction following on a plea of guilty but before sentence, is of the opinion—
(a)that the offence in respect of which the accused has been convicted is of such a nature or magnitude that it merits punishment in excess of the jurisdiction of a magistrate’s court;

[Section 111(1)(a) substituted by section 18(a) of Act No. 116 of 1993]

(b)that the previous convictions of the accused are such that the offence in respect of which the accused has been convicted merits punishment in excess of the jurisdiction of a magistrate’s court; or

[Section 111(1)(b) substituted by section 18(b) of Act No. 116 of 1993]

(c)that the accused is a person referred to in section 286A(1),

[Section 111(1)(c) inserted by section 18(b) of Act No. 116 of 1993]

the court shall stop the proceedings and commit the accused for sentence by a regional court having jurisdiction.

 

(2)Where an accused is committed under subsection (1) for sentence by a regional court, the record of the proceedings in the magistrate’s court shall upon proof thereof in the regional court be received by the regional court and form part of the record of that court and the plea of guilty and any admission by the accused shall stand unless the accused satisfies the court that such plea or such admission was incorrectly recorded.

 

(3)        

(a)Unless the regional court concerned—
(i)is satisfied that a plea of guilty or an admission by the accused which is material to his guilt was incorrectly recorded; or
(ii)is not satisfied that the accused is guilty of the offence of which he has been convicted and in respect of which he has been committed for sentence,

the court shall make a formal finding of guilty and sentence the accused.

(b)If the court is satisfied that a plea of guilty or any admission by the accused which is material to his guilt was incorrectly recorded, or if the court is not satisfied that the accused is guilty of the offence of which he has been convicted and in respect of which he has been committed for sentence or that he has no valid defence to the charge, the court shall enter a plea of not guilty and proceed with the trial as a summary trial in that court: Provided that any admission by the accused the recording of which is not disputed by the accused, shall stand as proof of the fact thus admitted.

 

(4)The provisions of section 112(3) shall apply with reference to the proceedings under this section.