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

Chapter 31 : Appeals in cases of Criminal Proceedings in Superior Courts

317. Special entry of irregularity or illegality
Purchase cart Previous page Return to chapter overview Next page

 

(1)If an accused is of the view that any of the proceedings in connection with or during his or her trial before a High Court are irregular or not according to law, he or she may, either during his or her trial or within a period of 14 days after his or her conviction or within such extended period as may upon application (in this section referred to as an application for condonation) on good cause be allowed, apply for a special entry to be made on the record (in this section referred to as an application for a special entry) stating in what respect the proceedings are alleged to be irregular or not according to law, and such a special entry shall, upon such application for a special entry, be made unless the court to which or the judge to whom the application for a special entry is made is of the opinion that the application is not made bona fide or that it is frivolous or absurd or that the granting of the application would be an abuse of the process of the court.

[Section 317(1) substituted by section 6(a) of Act No. 42 of 2003]

 

(2)Save as hereinafter provided, an application for condonation or for a special entry shall be made to the judge who presided at the trial or, if he is not available, or, if in the case of a conviction before a circuit court the said court is not sitting, to any other judge of the provincial or local division of which that judge was a member when he so presided.

 

(3)[Section 317(3) deleted by section 13 of Act No. 62 of 2000]

 

(4)The terms of a special entry shall be settled by the court which or the judge who grants the application for a special entry.

 

(5)If an application for condonation or for a special entry is refused, the accused may, within a period of 21 days of such refusal or within such extended period as may on good cause shown, be allowed, by petition addressed to the President of the Supreme Court of Appeal, apply to the Supreme Court of Appeal for condonation or for a special entry to be made on the record stating in what respect the proceedings are alleged to be irregular or not according to law, as the case may be, and thereupon the provisions of subsections (11), (12), (13), (14) and (15) of section 316 shall mutatis mutandis apply.

[Section 317(5) substituted by section 6(b) of Act No. 42 of 2003]