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Section history

Section 394A — Public Prosecutor to file petition for confirmation

As in force on 14 February 2025.

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. 14 February 2025 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.