SCHEMATIC PRESENTATION OF SCHEDULES
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OFFENCE |
SCHEDULE 1 |
SCHEDULE 2 |
SCHEDULE 3 |
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PART 1 |
PART 2 |
PART 3 |
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(i) Non-arrestable offences (ii) Release by SAPS to care of parent (iii) Prosecutor diversion before preliminary inquiry (iv) Can dispense with pre-sentence report (v) Cannot be imprisoned awaiting trial |
(i) Release b DPP to care of parent (ii) Divertable at preliminary inquiry (iii) Legal representation compulsory at preliminary inquiry?? (iv) Cannot be imprisoned awaiting trial |
(i) Under 14 years may be sentenced to imprisonment (ii) Not divertable |
(i) Not divertable (ii) May be held in prison awaiting trial |
(i) Divertable (ii) May be held in prison awaiting trial |
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Assault |
Assault common |
(i) Assault GBH (ii) Indecent assault |
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(i) Indecent assault involving GBH (ii) Indecent assault on person under 16 |
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Perjury |
Perjury |
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Contempt of court |
Contempt of court |
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Public Indecency |
Public indecency |
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Bestiality |
Bestiality |
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MITP |
MITP: damage up to R1 500 |
MITP: damage between R1 500 and R100 000 |
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MITP: damage over R100 000 |
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Trespass |
Trespass |
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Possession of drugs |
Possession of drugs up to R500 |
Possession of drugs: R500 to R1 500 |
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Possession of drugs: over R20 000 |
Possession of drugs: between R1 500 and R20 000 |
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Theft |
(i) Theft (common law or statutory provision) up to R1 500 |
Theft (common law or statutory provision): R1 500 to R100 000 |
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Theft (common law or statutory provision): over R100 000 |
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Receiving stolen property |
Receiving stolen property up to R1 500 |
Receiving stolen property: R1 500 to R100 000 |
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Receiving stolen property: over R100 000 |
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Fraud, corruption, extortion |
Fraud, corruption, extortion up to R1 500 |
Fraud, corruption, extortion: R1 500 to R20 000 |
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Fraud, corruption, extortion: over R250 000 |
Fraud, corruption, extortion: between R20 000 and R250 000 |
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Robbery |
Robbery without aggravating circumstances up to R1 500 |
Robbery without aggravating circumstances: between R1 500 and R100 000 |
Robbery with aggravating circumstances or hijacking |
Robbery with aggravating circumstances or hijacking |
Robbery without aggravating circumstances: over R100 000 |
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Forgery & uttering |
Forgery & uttering up to R1 500 |
Forgery & uttering: R1 500 to R20 000 |
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Forgery & uttering: over R250 000 |
Forgery & uttering: between R20 000 and R250 000 |
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Statutory offence |
Statutory offence up to 3 months |
Statutory offence: between 3 months and 1 year |
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Statutory offence: more than 5 years |
Statutory offence: between 1 year and 5 years |
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Conspiracy, incitement and attempt |
Conspiracy, incitement and attempt |
Conspiracy, incitement and attempt |
Conspiracy, incitement and attempt |
Conspiracy, incitement and attempt |
Conspiracy, incitement and attempt |
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Defeating or obstructing the course of justice |
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Defeating or obstructing the course of justice |
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Public violence |
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Public violence |
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Culpable homicide |
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Culpable homicide |
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Arson |
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Arson: damage up to R100 000 |
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Arson: damage over R100 000 |
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Intimidation |
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Section 1 or 1A of the Intimidation Act |
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Incest |
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Incest |
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Violating grave or dead body |
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Violating grave or dead body |
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Housebreaking |
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Housebreaking (common law or statutory provision) |
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Kidnapping |
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Kidnapping |
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Murder |
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Murder |
Murder |
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Rape |
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Rape (where offender is 14/16 years or older??) |
Rape (where offender is 14/16 years or older) |
Rape (where offender is under 14/16 years) |
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Treason |
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Treason |
Treason |
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Sedition |
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Sedition |
Sedition |
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Genocide, war crimes and crimes against humanity (ICC) |
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Genocide, war crimes and crimes against humanity (ICC) |
Genocide, war crimes and crimes against humanity (ICC) |
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Terrorism |
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Terrorism |
Terrorism |
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Racketeering, etc |
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Racketeering activities and proceeds of unlawful activities in Chapters 2 & 3 of the Prevention of Organised Crime Act, 1998 |
Racketeering activities and proceeds of unlawful activities in Chapters 2 & 3 of the Prevention of Organised Crime Act, 1998 |
Criminal gang activities in Chapter 4 of the Prevention of Organised Crime Act, 1998 |
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Dealing in drugs |
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Dealing in drugs (Section 13(f) of the Drugs and Drugs Trafficking Act, 1992 |
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Dealing in and possession of firearms, explosives or armament |
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Dealing in and possession of firearms, explosives or armament |
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Any other offence of a serious nature if committed by syndicate, etc |
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Any other offence of a serious nature if committed by syndicate, etc |