‘Trivial crime’ Bill imminent
People who have paid an admission of guilt fine for trivial offences will no longer have to worry about incurring a criminal record if Justice and Correctional Services Minister Ronald Lamola has his way with the Criminal Procedure Amendment Bill.
In response to a question by African Christian Democratic Party MP Steve Swart, Lamola said his department was addressing the matter through the amendment Bill, which “has unfortunately been delayed because of Covid-19”.
At present, Section 57 of the Criminal Procedure Act (CPA), provides for the admission of guilt in respect of the offence and for the payment of a stipulated fine without an appearance in court.
Section 57A provides for the admission of guilt and the payment of a fine after appearing in a court, but before the accused has entered a plea.
“In terms of Section 57(6) of the CPA, where a fine was paid, the money, together with the summons or written notice to appear must be forwarded to the clerk of the magistrate’s court which has jurisdiction and the clerk must complete the criminal record book for admissions of guilt, whereupon the accused is deemed to have been convicted and sentenced.
“The immediate practical effect of paying an admission of guilt fine is that the accused is excused from court appearance and upon completion of the formalities as prescribed in Section 57(6), deemed to have been convicted and sentenced...”
Not all admission of guilt fines attract a criminal record.
In May, the National Prosecuting Authority declined to prosecute about 25% of lockdown offences, acting deputy national director of public prosecutions Rodney de Kock told the portfolio committee on justice and correctional services. Most offenders were given a later court date.
A draft legislative proposal would revise the current admission of guilt fine “as provided for in the CPA”:
The payment of fines that do not give rise to a previous conviction;
The payment of admission of guilt fines that do give rise to previous convictions;
The expunging of certain criminal records; and
A process to identify and prescribe offences that will be subject to fines that do not give rise to a previous conviction and those that do.
The legislative proposal was at an advanced stage and the Bill would be out for public consultation next month. – News24 Wire
Not all admission of guilt fines attract a criminal record.
Ronald Lamola Minister of Justice and Correctional Services