Criminal Procedure Act, 1977 (Act No. 51 of 1977)Chapter 21 : Trial before Superior Court146. Reasons for decision by superior court in criminal trial |
A judge presiding at a criminal trial in a superior court shall—
| (a) | where he decides any question of law, including any question under paragraph (c) of the proviso to section 145(4) whether any matter constitutes a question of law or a question of fact, give the reasons for his decision; |
| (b) | whether he sits with or without assessors, give the reasons for the decision or finding of the court upon any question of fact; |
| (c) | where he sits with assessors, give the reasons for the decision or finding of the court upon the question referred to in paragraph (b) of the proviso to section 145(4); |
| (d) | where he sits with assessors and there is a difference of opinion upon any question of fact or upon the question referred to in paragraph (b) of the proviso to section 145(4), give the reasons for the decision or finding of the member of the court who is in the minority or, where the presiding judge sits with only one assessor, of such an assessor. |
[Section 146 substituted by section 5 of Act No. 64 of 1982]