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

Chapter 30 : Reviews and Appeals in Cases of Criminal Proceedings in Lower Courts

310. Appeal from lower court by prosecutor
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(1)When a lower court has in criminal proceedings given a decision in favour of the accused on any question of law, including an order made under section 85(2), the attorney-general or, if a body or a person other than the attorney-general or his representative, was the prosecutor in the proceedings, then such other prosecutor may require the judicial officer concerned to state a case for the consideration of the provincial or local division having jurisdiction, setting forth the question of law and his decision thereon and, if evidence has been heard, his findings of fact, in so far as they are material to the question of law.

[Section 310(1) substituted by section 18 of Act No. 105 of 1982]

 

(2)When such case has been stated, the attorney-general or other prosecutor, as the case may be, may appeal from the decision to the provincial or local division having jurisdiction.

[Section 310(2) substituted by section 18 of Act No. 105 of 1982]

 

(3)The provisions of section 309(2) shall apply with reference to an appeal under this section.

 

(4)If the appeal is allowed, the court which gave the decision appealed from shall, subject to the provisions of subsection (5) and after giving sufficient notice to both parties, reopen the case in which the decision was given and deal with it in the same manner as it should have dealt therewith if it had given a decision in accordance with the law as laid down by the provincial or local division in question.

[Section 310(4) substituted by section 18 of Act No. 105 of 1982]

 

(5)In allowing the appeal, whether wholly or in part, the provincial or local division may itself impose such sentence or make such order as the lower court ought to have imposed or made, or it may remit the case to the lower court and direct that court to take such further steps as the provincial or local division considers proper.

[Section 310(5) substituted by section 18 of Act No. 105 of 1982]