CHAPTER 10
APPEALS AND AUTOMATIC REVIEW OF CERTAIN CONVICTIONS AND SENTENCES125

Appeals

XX. An appeal by a child against a conviction, sentence or order as
contemplated in this Act must be noted and dealt with in terms of the provisions of the Criminal Procedure Act dealing with appeals: Provided that if that person was, at the time of the commission of the offence -
(i) below the age of 14 years: or
(ii) at least 14 years of age but below the age of 16 years and was not assisted by a legal representative at the time of conviction in a regional court: and
(iii) was sentenced to any form of imprisonment as contemplated in section 276(1) that was not wholly suspended,
he or she may note such an appeal without having to apply for leave in terms of section 309 B: Provided further that the provisions of section 302(1)(a) shall apply in respect of a person who duly notes an appeal against a conviction, Sentence or order as contemplated in section 302(1)(a).

Automatic review in certain cases

78. Any sentence by a magistrate's court, as defined in the Criminal Procedure Act and sitting as a child justice court, involving correctional supervision imposed in terms of section 66 and any sentence with a residential requirement imposed in terms of section 67, whether wholly or partially suspended, [are] is subject to review in terms of section 302 of the Criminal Procedure Act.


Suspension of execution of sentence

79. The sentence of any child is suspended pending review or appeal and a child sentenced to imprisonment or sentenced to a penalty with a residential requirement must be released on any condition contemplated in section 33(3) pending review or appeal.