Back to Criminal Procedure Code 2010

Section history

Section 394A — Public Prosecutor to file petition for confirmation

As in force on 1 March 2022.

Timeline 5 versions
  1. 1 January 2013 Act 30 of 2012, Act 33 of 2012
  2. 31 October 2018 Act 19 of 2018, S 724 of 2018
  3. 2 January 2021 Act 40 of 2019
  4. 31 December 2021 Revised edition
  5. 1 March 2022 You are here
  6. 17 August 2026 Latest
394A.Public Prosecutor to file petition for confirmation

(1)Where the General Division of the High Court passes a sentence of death on an accused —

(a)if there is no appeal by the accused pending immediately after the expiry of the time allowed under this Code for an appeal — the Public Prosecutor must, on the expiry of 90 days after the time allowed under this Code for an appeal —

(i)lodge a petition for confirmation with the Registrar of the Supreme Court; and

(ii)serve the petition on the accused; or

(b)if there is an appeal by the accused pending immediately after the expiry of the time allowed under this Code for an appeal, but the accused subsequently withdraws that appeal — the Public Prosecutor must, on the expiry of 90 days after the date of the withdrawal of that appeal —

(i)lodge a petition for confirmation with the Registrar of the Supreme Court; and

(ii)serve the petition on the accused.

(2)When a petition for confirmation has been lodged, the trial court must transmit to the Court of Appeal, the Public Prosecutor, and the accused or the accused’s advocate, a signed copy of the record of the proceedings and the grounds of decision free of charge.