Criminal Procedure Act, 1977 (Act No. 51 of 1977)1. Definitions |
| (1) | In this Act, unless the context otherwise indicates— |
"aggravating circumstances"
in relation to—
| (a) | [Paragraph (a) deleted by section 1 of Act No. 107 of 1990] |
| (b) | robbery or attempted robbery, means— |
| (i) | the wielding of a fire-arm or any other dangerous weapon; |
| (ii) | the infliction of grievous bodily harm; or |
| (iii) | a threat to inflict grievous bodily harm, |
by the offender or an accomplice on the occasion when the offence is committed, whether before or during or after the commission of the offence;
"bank"
means a bank defined in section 1 of the Banks Act, 1990 (Act No. 94 of 1990), and includes the Land and Agricultural Bank of South Africa referred to in section 3 of the Land Bank Act, 1944 (Act No. 13 of 1944), and a mutual building society as defined in Act section 1 of the Mutual Building Societies Act, 1965 (Act No. 24 of 1965);
[Definition substituted by section 38 of Act No. 129 of 1993]
"charge"
includes an indictment and a summons;
"Commissioner"
means the Commissioner of Correctional Services as defined in section 138 of the Correctional Services Act, 1998, or a person authorised by him or her;
[Definition substituted by section 137 of Act No. 111 of 1998]
"correctional official"
means a correctional official as defined in section 1 of the Correctional Services Act, 1998;
[Definition substituted by section 137 of Act No. 111 of 1998]
"correctional supervision"
means a community-based sentence to which a person is subject in accordance with Chapter V and Chapter VI of the Correctional Services Act, 1998, and the regulations made under that Act if—
| (a) | he has been placed under that section 6(1)(c); |
| (b) | it has been imposed on him under section 276(1)(h) or (i) and he, in the latter case, has been placed under that; |
| (c) | his sentence has been converted into that under section 276A(3)(e)(ii), 286B(4)(b)(ii) or 287(4)(b) or he has been placed under that section 286B(5)(iii) or 287(4)(a); |
| (d) | it is a condition on which the passing of his sentence has been postponed and he has been released under section 297(1)(a)(i)(ccA); or |
| (e) | it is a condition on which the operation of— |
| (i) | the whole or any part; or |
| (ii) | any part, |
of his sentence has been suspended under section 297(1)(b) or (4), respectively;
[Definition substituted by section 137 of Act No. 111 of 1998]
"criminal proceedings"
includes a preparatory examination under Chapter 20;
"day"
means the space of time between sunrise and sunset;
"justice"
means a person who is a justice of the peace under the provisions of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963);
[Definition deleted by section 1 of Act No. 49 of 1996]
"local division"
means a local division of the Supreme Court established under the Supreme Court Act, 1959 (Act No. 59 of 1959);
"lower court"
means any court established under the provisions of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944);
"magistrate"
includes an additional magistrate and an assistant magistrate but not a regional magistrate;
"magistrate’s court"
means a court established for any district under the provisions of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), and includes any other court established under such provisions, other than a court for a regional division;
"Minister"
means the Minister of Justice;
"night"
means the space of time between sunset and sunrise;
"offence"
means an act or omission punishable by law;
"peace officer"
includes any magistrate, justice, police official, correctional official as defined in section 1 of the Correctional Services Act, 1959 (Act No. 8 of 1959), and, in relation to any area, offence, class of offence or power referred to in a notice issued under section 334(1), any person who is a peace officer under that section;
[Definition substituted by section 4 of Act No. 18 of 1996]
"police official"
means any member of the Force as defined in section 1 of the Police Act, 1958 (Act No. 7 of 1958), and "police" has a corresponding meaning;
[Definition substituted by section 1(b) of Act No. 5 of 1991]
"premises"
includes land, any building or structure, or any vehicle, conveyance, ship, boat or aircraft;
[Definition deleted by section 1 of Act No. 49 of 1996]
[Definition deleted by section 1 of Act No. 49 of 1996]
"provincial division"
means a provincial division of the Supreme Court established under the Supreme Court Act, 1959 (Act No. 59 of 1959);
"regional court"
means a court established for a regional division under the provisions of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944);
"regional magistrate"
means a magistrate appointed under the provisions of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), to the court for a regional division;
[Definition deleted by section 1 of Act No. 49 of 1996]
"rules of court"
means the rules made under section 43 of the Supreme Court Act, 1959 (Act No. 59 of 1959), or under section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985);
[Definition substituted by section 1(c) of Act No. 5 of 1991]
[Definition deleted by section 7 of Act No. 62 of 2000]
[Definition deleted by section 1 of Act No. 49 of 1996]
"superior court"
means a provincial or local division of the Supreme Court established under the Supreme Court Act, 1959 (Act No. 59 of 1959);
"Supreme Court"
means the Supreme Court of South Africa established under the Supreme Court Act, 1959 (Act No. 59 of 1959);
[Definition deleted by section 1 of Act No. 49 of 1996]
"this Act"
includes the rules of court and any regulations made under this Act.
| (2) | Any reference in any law to an inferior court shall, unless the context of such law indicates otherwise, be construed as a reference to a lower court as defined in subsection (1). |