Section 60(11) states that where an accused is charged with an offence referred to-
(a) in Schedule 6, the court shall order that the accused be detained in custody until he or she is dealt with in accordance with the law, unless the accused, having been given a reasonable opportunity to do so, adduces evidence which satisfies the court that exceptional circumstances exist which in the interests of justice permit his or her release;
(b) in Schedule 5, but not in Schedule 6, the court shall order that the accused be detained in custody until he or she is dealt with in accordance with the law, unless the accused, having been given a reasonable opportunity to do so, adduces evidence which satisfies the court that the interests of justice permit his or her release.
Click here to view the Criminal Procedure Act 51 of 1977.
For more go to the
Appeal – Application for leave to appeal in criminal cases – Magistrates’ Court – Magistrates’ Court Rule 67 The Appellant must apply […]
Absolution from the Instance – Magistrates’ Court – Magistrates’ Court Rule Rule 15(5) After hearing the evidence of the parties and the […]
Irregular proceedings – Magistrates’ Court – Magistrates’ Court Rule 60A When a party to a cause takes an irregular step, other party […]
