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Section history

Section 148 — Outstanding offences

As in force on 2 November 2022.

Timeline 5 versions
  1. 2 January 2011 Enacted
  2. 17 September 2018 Act 19 of 2018
  3. 2 January 2021 Act 40 of 2019
  4. 31 December 2021 Revised edition
  5. 2 November 2022 You are here
  6. 17 August 2026 Latest
148.Outstanding offences

(1)If the accused is found guilty of an offence in any criminal proceedings begun by or on behalf of the Public Prosecutor, the court in determining and passing sentence may, with the consent of the prosecution and the accused, take into consideration any other outstanding offences that the accused admits to have committed.

(2)If the outstanding offences mentioned in subsection (1) were not begun by or on behalf of the Public Prosecutor, the court must first be satisfied that the person or authority by whom those proceedings were begun consents to that course of action.

(3)The General Division of the High Court may, under subsection (1), take into consideration any outstanding offences an accused admits to have committed when passing sentence, even though no transmission proceedings under Division 5 of Part 10 have been held in respect of those outstanding offences.

(4)When consent is given under subsection (1) or (2) and any outstanding offences are taken into consideration in determining and passing sentence, such fact must be entered in the court’s record.

(5)After being sentenced, the accused may not, unless the accused’s conviction for the original offence under subsection (1) is set aside, be charged or tried for any offence that the court had taken into consideration under this section.