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

Chapter 28 : Sentence

275. Sentence by judicial officer or judge other than judicial officer or judge who convicted accused
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(1)If sentence is not passed upon an accused forthwith upon conviction in a lower court, or if, by reason of any decision or order of a superior court on appeal, review or otherwise, it is necessary to add to or vary any sentence passed in a lower court or to pass sentence afresh in such court, any judicial officer of that court may, in the absence of the judicial officer who convicted the accused or passed the sentence, as the case may be, and after consideration of the evidence recorded and in the presence of the accused, pass sentence on the accused or take such other steps as the judicial officer who is absent, could lawfully have taken in the proceedings in question if he or she had not been absent.

 

(2)Whenever—
(a)a judge is required to sentence an accused convicted by him or her of any offence; or
(b)any matter is remitted on appeal or otherwise to the judge who presided at the trial of an accused,

and that judge is for any reason not available, any other judge of the provincial or local division concerned may, after consideration of the evidence recorded and in the presence of the accused, sentence the accused or, as the case may be, take such other steps as the former judge could lawfully have taken in the proceedings in question if he or she had been available.

 

[Section 275 substituted  by section 7 of Act No. 34 of 1998]