Amara Provision
11 June 2003
Children v Leave to appeal
CLAUSE 1
1. Clause rejected.
NEW CLAUSE
1. That the following be a new clause.
Amendment of section 309 of Act 51 of 1977, as amended by section 17 of Act 105 of 1982, section 8 of Act 107 of 1990, section 51 of Act 129 of 1993, section 13 of Act 75 of 1995, section 2 of Act 33 of 1997, section 2 of Act 76 of 1997 and section 38 of Act 105 of 1997
1. Section 309 of the Criminal Procedure Act, 1977 (hereinafter referred to as the principal Act), is amended in subsection (1) by the substitution for paragraph (a) of the following paragraph:
"(a) Any person convicted of any offence by any lower court (including a person discharged after conviction) may, subject to [section 309B] leave to appeal being granted in terms of section 309B or 309C, appeal against such conviction and against any resultant sentence or order to the [provincial or local division] High Court having jurisdiction: Provided that any person convicted of any offence by any lower court and who-
(i) was not legally represented at the trial;
(ii) was, at the time of the commission of the offence below the age of 16 years; and
(iii) was sentenced to a term of imprisonment, irrespective of whether that imprisonment was suspended or imposed as an alternative to the payment of a fine,
may, without having to apply for leave to appeal as contemplated in section 309B or 309C, appeal against that conviction and sentence or any resultant order.".