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Section history

Section 389 — Arrest of respondent in certain cases

As in force on 17 June 2024.

Timeline 4 versions
  1. 2 January 2011 Enacted
  2. 2 January 2021 Act 40 of 2019
  3. 31 December 2021 Revised edition
  4. 17 June 2024 You are here
  5. 17 August 2026 Latest
389.Arrest of respondent in certain cases

(1)Where the General Division of the High Court is informed that the Public Prosecutor intends to appeal against the acquittal of an accused, the General Division of the High Court may, on the application of the Public Prosecutor, order that the accused be remanded in custody for a period not exceeding 24 hours pending the filing of the notice of appeal by the Public Prosecutor.

(2)Where the Public Prosecutor appeals against an acquittal after an application under subsection (1), the General Division of the High Court that acquitted the accused may commit him or her to prison pending the disposal of the appeal or admit him or her to bail.