Magistrates' Courts Act, 1944 (Act No. 32 of 1944)

Regulations

Rules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa

65. Criminal record book
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(1) The registrar or clerk of the court shall keep a book to be styled the “criminal record book” in which he or she shall daily enter particulars of every criminal case coming before the court on that day.

 

(2) Where the court has issued a warrant in terms of the provisions of section 55 or section 56 of the Criminal Procedure Act, 1977, and the prosecutor subsequently withdraws the charge, it shall not be necessary to again enter particulars of such case in the criminal record book: Provided that if such particulars are not entered in the criminal record book a separate register shall be kept by the registrar or clerk of the court of all warrants issued in terms of the aforesaid sections and at each successive stage he or she shall enter therein particulars of the date of issue of the warrant, the case number, the name of the accused, the date upon which the warrant was forwarded to the police  for execution, the fact that the case has been withdrawn and any other particulars that circumstances may require.

 

(3) The charge sheet in a criminal case or, when the matter comes before the court by way of preparatory examination, the covering sheet, shall, when the matter first comes before the court, be numbered by him or her with a consecutive number for the year and the case shall then be entered in the criminal record book under that number.

 

(4) The particulars recorded in the criminal record book shall include—
(a) the date of hearing;
(b)the case number;
(c) the name of the accused;
(d) the crime charged;
(e) the verdict;
(f) the sentence or other mode of disposal; and
(g)any remarks (including the date and effect of any order of the High Court of South Africa varying the verdict or sentence on review or appeal).

 

(5) The judicial officer presiding at a criminal hearing shall himself or herself record in the criminal record book any sentence imposed or other order of disposal made by him or her including acquittal, or other discharge, postponement of sentence, adjournment, remand to another court or committal for trial.