CHAPTER 24
PLEA IN DISTRICT COURT ON CHARGE JUSTICIABLE IN HIGH COURT
Plea of guilty
136. (1) Where an accused under section 134 pleads guilty to the offence charged, the magistrate must question the accused in terms of paragraph (b) of section 125(1).
(2) (a) If the magistrate is satisfied that the accused admits the allegations stated in the charge, the magistrate must stop the proceedings and adjourn the case pending the decision of the Prosecutor-General.
(b) If the magistrate is not satisfied as provided in paragraph (a), the magistrate must record in what respect he or she is not satisfied and enter a plea of not guilty and deal with the matter in terms of section 137(1), but an allegation with reference to which the magistrate is so satisfied and which has been recorded as an admission, stands at the trial of the accused as proof of that allegation.
(3) Where the proceedings have been adjourned in terms of subsection (2)(a), the Prosecutor-General may -
(a) arraign the accused for sentence before the High Court or any other court having jurisdiction, including the district court in which the proceedings were adjourned in terms of subsection (2)(a) ;
(b) decline to arraign the accused for sentence before any court, but arraign the accused for trial on any charge at a summary trial before the High Court or any other court having jurisdiction, including the district court in which the proceedings were adjourned in terms of subsection (2)(a) ;
(c) institute a preparatory examination against the accused.
(4) The magistrate, who need not be the magistrate before whom the proceedings under section 134 or subsection (1) of this section were conducted, must inform the accused of the decision of the Prosecutor-General and, if the decision is that the accused be arraigned for sentence -
(a) in the district court in question, dispose of the case on the charge on which the accused is arraigned ; or
(b) in a divisional court or the High Court, adjourn the case for sentence by the divisional court or the High Court.
(5) (a) The record of the proceedings in the district court must, upon proof thereof in the court in which the accused is arraigned for sentence, be received as part of the record of that court or, if the accused is arraigned in the district court in which the proceedings were adjourned in terms of subsection (2)(a), the record of such proceedings stands as the record of that court, and the plea of guilty and any admission by the accused stand and form part of the record of that court unless the accused satisfies the court that such plea or such admission was incorrectly recorded.
(b) The record of the proceedings in the district court must, upon proof thereof in the court in which the accused is arraigned for summary trial, be received as part of the record of that court, and any admission by the accused stands and forms part of the record of that court unless the accused satisfies the court that such admission was incorrectly recorded.
(c) Unless the accused satisfies the court that a plea of guilty or an admission was incorrectly recorded or unless the court is not satisfied that the accused is guilty of the offence to which he or she has pleaded guilty or that the accused has no valid defence to the charge, the court may convict the accused on his or her plea of guilty of the offence to which he or she has pleaded guilty and impose any competent sentence.
(6) If the accused satisfies the court that the plea of guilty or an admission that is material to his or her guilt was incorrectly recorded, or if the court is not satisfied that the accused is guilty of the offence to which he or she has pleaded guilty or that the accused has no valid defence to the charge, the court must record a plea of not guilty and proceed with the trial as a summary trial in that court, but an admission by the accused, the recording of which is not disputed by the accused, stands as proof of the fact so admitted.
(7) Nothing in this section contained is to be construed as preventing the prosecutor from presenting evidence on any aspect of the charge, or the court from hearing evidence, including evidence or a statement by or on behalf of the accused, with regard to sentence, or from questioning the accused on any aspect of the case for the purposes of determining an appropriate sentence.
Fair trial standards
National proceedings on admission of guilt
EDIT.